Category: WESA s.151

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Apr 4, 2022 | Estate Law, Family Law, Family Property Division, WESA s.151

Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death

If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving spouse or the deceased spouse’s estate. In Malecek v. Leiren, 2021 BCSC 1052, there was a dispute about whether spouses were separated at the time of the husband’s […]

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