Authors: Michael Klaray & Jordan Achtymichuk

It is established law that a testator must make adequate provision for family maintenance and support, or else the court will intervene. But are there similar requirements for transfers of property not in a will, such as an inter vivos transfer? This paper examines the classes of individuals entitled to make FMS claims; relevant provisions of the Wills and Succession Act; the applicability (and non-applicability) of family property and child support legislation to the Statute of Elizabeth; and unjust enrichment.

This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.