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Category: Supreme Court of Canada

Dividing Family Property on Separation: Can Your Agreement Be Set Aside

BC’s Family Law Act starts with the presumption that family property and family debt should be divided equally between spouses upon marital breakdown. But the Family Law Act also allows spouses to contract out of the equal division regime and resolve property matters on their own by negotiated agreement. Often this is done in advance […]

Vancouver Estate Lawyers Discuss Competing Claims to Insurance Proceeds

In some cases, the deceased’s estate has no significant assets and the real contest centres on entitlement to insurance proceeds. In a recent post, our Vancouver estate lawyers discussed the difference between a revocable and an irrevocable beneficiary designation in a life insurance policy. As alluded to in that post, an irrevocable beneficiary designation is […]

Competing Claims of a Second Spouse to Life Insurance Proceeds

The Supreme Court of Canada was recently asked to weigh the competing claims of a second spouse and a first spouse to the proceeds of a life insurance policy. In a contest between two innocent parties (i.e., a first spouse and a second spouse), both of whom claim an entitlement to the proceeds of a […]
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