Dependents Relief Claims: You Can Have Two Spouses

Canadian jurisdictions allow the spouse of a deceased to make claims against the estate for support and interim support provided the test for entitlement and need are met. In Ontario, a “dependent” is defined by the Succession Law Reform Act to include a “spouse”, defined in part as either of two persons who are not married but have co-habited continuously for a period of not less than three years. But can a person have two such spouses?  Yes, according to a recent decision of the Ontario Superior Court of Justice. The court found that evidence that a deceased may have co-habited with two women in different homes for periods of time that overlap did not require the court to determine that one was a spouse and the other was not for purposes of support. Both could qualify.

Blair v. Cooke Estate

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: