The creation of a well-designed estate plan is key in minimizing the likelihood of estate litigation in the unfortunate event of their death. Failing to properly plan what will happen to your property upon your death can result in conflicts amongst your family members and loved ones. A recent decision from the Ontario Superior Court … Continued
Toronto Estate Lawyers Assisting with Family Law Act Claims in Estates Matters
Spouses generally make arrangements for one another in their wills. Following the death of their partner, a surviving spouse can take what is left for them under the will, or, if they are unsatisfied with what has been provided for them, they can file a claim against the estate under the Family Law Act for what is known as an “equalization payment”. This option also applies where a deceased spouse has passed away without a will.
If a surviving spouse elects the equalization payment option, the court will treat the situation as though the spouses had separated the day before the deceased spouse’s death.
Such claims can have a significant effect on an estate, and both executors and surviving spouses should be well-aware of their respective rights and responsibilities so that there are no surprises. If you are a trustee or executor and a Dependant Support Claim has been filed against the estate you are responsible for, or if you are a surviving spouse who is unsatisfied with what has been provided for you, the team of estate lawyers at Eisen Law in Toronto can help.
What is the Process of Filing a Family Law Act Claim?
The choice of whether or not to make an equalization payment claim under the Family Law Act, or to take what has been left for them in the will is time sensitive and must be made by the surviving spouse within six (6) months of the deceased spouse’s death.
An equalization payment under the Family Law Act has priority over all claims made by other dependants, except for claims made by a child of the deceased.
A spouse can make an equalization claim election under the Family Law Act and concurrently pursue a Dependant’s Support Claim under the Succession Law Reform Act. This can be a complicated process and it is important to consult with an experienced estate lawyer to understand your options.
Contact the estate lawyers at Eisen Law for assistance with Claims under the Family Law Act
At Eisen Law in Toronto, our knowledgeable and experienced lawyers can help you comply with your obligations to surviving spouses, or can ensure you obtain what you are owed in a will. We offer free initial consultations and will do our best to ensure you can easily access the legal advice that you need. Call us at 416-591-9997 or contact us online if you need assistance in this specific area of estate litigation.
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