Impact of Death on Separation and Divorce Proceedings

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This paper explores the interplay of various pieces of legislation – including the Wills and Succession Act, Matrimonial Property Act, Dower Act, Divorce Act, Insurance Act, Family Law Act, and Family Property Act – in issues that arise in separation and divorce proceedings upon the death of one spouse, citing relevant precedent-setting cases.

Discussion addresses many topics, including the definition of a family member, Part 3 of the Wills and Succession Act, applying for a certificate of divorce after the death of a spouse, the enforceability of agreements, designated beneficiaries, continuing spousal or child support obligations after death, and claims for retroactive spousal or child support.

This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.

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