Canadian Lawyer

May 2024

The most widely read magazine for Canadian lawyers

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Page 32 of 51 31 "The test for capacity to marry is a very lenient one" Albert Oosterhoff, Whaley Estate Litigation Partners 1.800.323.3781 • For Legal Services The Right Fit Matters We give you what you need, not what you don't. With our flexibility and the right expertise across a wide variety of business law areas, we provide a customized legal solution for you and your business – all without compromising excellence in service or advice. For legal representation that's the right fit for you, try our Right-sized Thinking®. prior will. The law in Ontario changed as of January 2022, and a new marriage does not automatically revoke a prior will in BC, Alberta, Saskatchewan, and the Yukon. Because a predatory marriage could void the previous decisions about how the estate would be dealt with upon death, it is a potent weapon for predators. But Oosterhoff says that changing the rule is not a complete answer. The predatory spouse is entitled to make an equalizing claim on the two estates, which could provide them access to a significant portion of the estate of the vulnerable spouse. The predator is entitled to claim dependant support from the estate, arguing that they were dependent on the spouse and not adequately provided for. "There are a lot of benefits that go to a surviving spouse," he says. While the lenient test for capacity remains a problem, the case of Canadian boxing legend George Chuvalo "moved the CANADA'S AGING POPULATION/GROWING VULNERABILITY 8%: Proportion of total population 65 and older in 1971 11.3%: Proportion of total population 65 and older in 1990 14.1%: Proportion of total population 65 and older in 2010 18.9%: Proportion of total population 65 and older in 2023

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