When death causes the separation of spouses, the Family Law Act provides certain rights to a surviving spouse. Whether an estate is paid out or if there is no will so there is in what is termed an intestacy or a partial intestacy (the will only applies to part of a property), a surviving spouse must determine whether he or she could benefit from making an “election” to receive his or her entitlement under the will or intestacy to equalize net family property.
The surviving spouse must within six months following the deceased’s death make an election under section 5 of the Family Law Act. A spouse may request the court to extend the time for making such an election. Such extensions are sought where there is insufficient information known to the surviving spouse to allow him or her to decide whether to make an election within the prescribed time.
How Can We Help You?
We have acted on a number of court cases to make an election or to work with you to analyze whether an election should be made by you.