The concept of family relief (as it was once called) has evolved into our current Family Maintenance and Support (FMS) provisions. Review the fundamental concepts on which FMS is based, and how the courts consider claims. Review the drafting of wills where there are potential FMS claims, and the obligations of executors to FMS claimants and other beneficiaries. 

Topics include:

• Overview of procedural issues, notice to potential claimants, time limits when making a claim, and factors which the courts have identified for use in assessing claims
• Drafting of wills where there are potential FMS claims
• Obligations of executors to FMS claimants and other beneficiaries
• Strategies for how to challenge a will or defend a will against an FMS claim
• Co-habitation and pre-nuptial agreements
• ALRI proposal to include step-children

This on-demand program was originally presented as a webinar on December 9, 2021. Total running time is 3 hours, 50 minutes.

Chair

Lois J. MacLean QC, Rand & Company LLP

Presenters

Paul J. Dunn, O’Neil Dunn LLP

Catherine Gerrits, Dunphy Best Blocksom LLP 

Richard A. Low, Richard A. Low & Company LLP

Todd Shipley, Reynolds Mirth Richards & Farmer LLP