How has the Court in BC dealt with an application for spousal support provision from the estate of a deceased spouse?

British Columbia, Canada


The following excerpt is from Re: The Estate of Ricky Allan Davey, 2006 BCSC 622 (CanLII):

In Janus v. Lachocki, 2001 BCSC 1702, the plaintiff applied for provision from the estate of the deceased on the basis that she had lived together with him in a marriage-like relationship for four years before his death. Mr. Justice Holmes concluded that while the plaintiff and the deceased had an “enduring and affectionate relationship”, they had not regarded themselves as spouses nor lived in a spousal-like relationship.

Other Questions


How have courts dealt with an application for spousal support where the initial application is inconsistent with a pre-existing agreement? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
Does a testator have a moral obligation to ensure that the surviving spouse of a deceased testator's estate is not dependent upon another spouse who contributed substantially to his estate? (British Columbia, Canada)
Does the court's primary concern on an application for interim spousal support concern is with the applicant's need and the respondent's ability to pay? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
How have the courts in Newfoundland and other provinces dealt with the issue of child support for a deceased father and his two children? (British Columbia, Canada)
How has the court considered reducing spousal support when determining whether to reduce support for the new family? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.