The Family Property Act

The provisions of Part IV of The Family Property Act, must be considered with regard to potential claims against an estate. The Act operates under the premise that the accumulation of assets during a marriage or common-law relationship resulted from a joint effort and upon the dissolution of the relationship these assets should be divided equally.

Part IV of The Family Property Act contains rules for the dividing of a deceased’s assets that are similar to those that apply upon the dissolution of a marriage or common-law relationship.

If the entitlement of the spouse or common-law partner under the will is less than that to which the spouse or common-law partner would be entitled under The Family Property Act, he or she may apply to Court for an accounting and equalization, thus effectively overruling the provisions of the will.