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Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"

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Further Topics and Overlapping Legal Issues in Family Law (view source)

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A person who dies without leaving a will is said to die ''intestate''. If a person dies intestate, their assets are dealt with according to the terms of the provincial ''[http://canlii.ca/t/840g Estate Administration Act]''. This law requires a person's estate to be distributed in a certain way, with the surviving spouse receiving a first, fixed share of the estate, and the remainder being split with any surviving children.
A person who dies without leaving a will is said to die ''intestate''. If a person dies intestate, their assets are dealt with according to the terms of the provincial ''[http://canlii.ca/t/840g Estate Administration Act]''. This law requires a person's estate to be distributed in a certain way, with the surviving spouse receiving a first, fixed share of the estate, and the remainder being split with any surviving children.
===Married spouses===
The law treats married spouses differently than unmarried couples, and it's important to be aware of the distinctions.
====The effect of marriage====
Under s. 15 of the ''[http://canlii.ca/t/84fx Wills Act]'', a will is considered to be cancelled, or ''revoked'', once a person marries. Unless you make a new will after your marriage, you will be considered not to have any will at all, and if you die your estate will be distributed under the ''[http://canlii.ca/t/840g Estate Administration Act]''.
====The effect of separation and divorce====
Although divorce doesn't revoke a will, divorce cancels those parts of a will which:
*name the dead person's former spouse to act as the executor of his or her estate, or
*make the former spouse a beneficiary under the will.
If a person dies intestate, only people who qualify as the person's spouse can benefit from the provisions of the ''Estate Administration Act''. If the dead person has ''divorced'' or if his or her marriage has been ''annulled'', a former spouse can't make a claim under the act.
If the dead person has only ''separated'' from his or her spouse, a surviving spouse is still a spouse who may be entitled to inherit under this act, even if an action for divorce has started or even if the parties have been separated for a long time. In the case of a couple who have been separated for more than a year before the death, however, the surviving spouse must apply to court to share in the estate.


===Unmarried couples===
===Unmarried couples===
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