When a father dies without any arrears owing on account of maintenance payable to his children when the former husband dies, can the ex-wife's claim be maintained under the provisions of the Testator's Family Maintenance Act?

Manitoba, Canada


The following excerpt is from Ducharme v. Ducharme, 1981 CanLII 2824 (MB QB):

In Re Aker v. Aker (1958), 1958 CanLII 574 (BC SC), 26 W.W.R. 734, where again there were no arrears owing on account of maintenance payable for the children when the former husband died, Collins J. considered the obligation of the father to support his children was "a personal one resting on the father during his lifetime". With his death, maintenance for the children was limited to the statutory inheritance provisions upon an intestacy, or to whatever claim might be maintained under the Testator's Family Maintenance Act.

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