Author: Catherine Gerrits

There is a very fine line between testamentary freedom and an individual’s legal and moral obligations and responsibility to support those they leave behind, after death. Understanding the risks of post-death support claims is an important consideration for any lawyer in advising clients on their testamentary matters and structuring their related documents and agreements. This paper reviews how a spouse or Adult Interdependent Partner is defined for family maintenance and support claims purposes under the Wills and Succession Act.

This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.