Can a common-law spouse claim under the Wills Variation Act?

British Columbia, Canada


The following excerpt is from Chowdhury v. Argenti et al, 2007 BCSC 1207 (CanLII):

In Janus v. Lachocki, [2001] B.C.J. No. 2551 (S.C.) at para. 71, Holmes J. dismissed the plaintiff’s claim under the Wills Variation Act that she had been a common-law spouse of the deceased: I find on the whole of the evidence, the parties did not generally refer to themselves as being married and were not generally regarded within their communities as actually living common law or in any marriage like relationship.

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for a claim for equalization of spousal support where one spouse has accumulated assets but the other spouse has not accumulated assets? (British Columbia, Canada)
What is the current state of the law regarding wills variation claims? (British Columbia, Canada)
Can a spouse's efforts to become self-sufficient be imputed in a claim for income imputed if the recipient spouse has failed to make efforts to be selfsufficient? (British Columbia, Canada)
Does the actio personalis maxim apply to a claim under the Wills Variation Act? (British Columbia, Canada)
Is a spouse entitled to a spouse's pension as a capital asset as a result of the other spouse’s absence of other assets in favour of the pension? (British Columbia, Canada)
Is a claim for spousal support for a spouse who has been found guilty of misconduct not a relevant consideration in her claim? (British Columbia, Canada)
What is the governing principle regarding variation under the Wills Variation Act? (British Columbia, Canada)
What is the test for moral claims in a second marriage where the deceased and surviving spouse are married and the surviving spouse has adult children from their first marriage? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.