All posts in the ‘Common Law Spouses’ category

Will a Separate Residence Affect Your Spousal Status?

Those who have read Amy Mortimore’s earlier blog on spousal status may recall that spousal status is a “threshold question” in most estate litigation because being recognized as a “spouse” typically allows the person a claim or sometimes a greater claim on the estate. Under WESA, a person is considered to be a spouse if… View this post »

When are Couples Considered “Spouses”?

In estate litigation, the Court is often asked to determine whether or not a plaintiff was the “spouse” of the deceased.  We often refer to this as the “threshold question”, because being recognized as a “spouse” typically allows the plaintiff a greater claim on the estate.  While the status of a legally married spouse is usually… View this post »

WESA: Catching Up To The Times

One of the objectives of the Wills, Estates and Succession Act (WESA) is to modernize BC’s succession laws, which have not been comprehensively reviewed in many years and contain some rules that are outdated, inflexible or serve a purpose that is no longer relevant. For example, under current wills and estates legislation, there are a… View this post »