Monthly Archives: September 2014

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 easier to determine, WESA and other estate related law includes in the definition of “spouse” someone who has lived with the deceased in a “marriage-like relationship” for at least two years.

“Marriage-like relationships” come in many different forms.  Our Courts are clear that there is no set one set of criteria to be met, but rather, many possible indicators.  The bottom line is that each couple’s spousal status must be reviewed in the context of their own unique facts.

In a previous post, we discussed amendments to the Patients Property Act that will come into effect on December 1 2014.  There are  also amendments to the Adult Guardianship Act that will come into effect on that date.

The amendments will:

• affect the manner in which the Public Guardian and Trustee is appointed to manage the financial affairs of people determined to be incapable (called “adults” under the legislation”); and
• increase the procedural protections of adults.  There are various mechanisms by which an adult can challenge a certification that he or she is incapable.