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ARTICLE · 23 FEBRUARY 2018

Canadian Courts Espouse Different Tests For Recognizing Spouses

Clark Wilson LLP
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Under B.C.'s Wills Estate and Succession Act, SBC 2009, c 13 ("WESA"), a spouse has an interest in a deceased's estate if the deceased dies without a will.

CanadaFamily and Matrimonial
Mark Weintraub
Mark Weintraub
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Under B.C.'s Wills Estate and Succession Act, SBC 2009, c 13 ("WESA"), a spouse has an interest in a deceased's estate if the deceased dies without a will.  Furthermore, a spouse has standing to challenge the distribution of assets which pass through a deceased's estate using a wills variation claim.  As such, when individuals plan their estates, it is critical to determine whether they are in a spousal relationship.

According to section 2 of WESA, an individual is deemed to be a spouse if the individual and the deceased were either married to each other, or lived with each other in a marriage-like relationship for at least two years.  Although the statute appears clear on its face, the recent decision of Re Connor Estate, 2017 BCSC 978 [Re Connor] calls that seeming clarity into question.

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