The Court in Dagg et al. v. Cameron Estate 1 confirms two important statutory principles of law in respect of claims for Dependant Support:
- a deceased person may have had more than one spouse at the time of his or her death for the purposes of Dependant Support; and
- an irrevocable designation on a life insurance policy is subject to section 72 of the Succession Law Reform Act, such that those insurance proceeds may be used to satisfy an award for support under the SLRA.
Both principles can create challenges for drafting solicitors and/or a deceased person’s disappointed family members who fail to appreciate just how powerful a claim under the SLRA can be.
Want to learn more about how to practice defensively to avoid claims and liability when drafting testamentary instruments? Join Kimberly Whaley and company at the Law Society’s Estate Practice Gems on September 10, 2015.
1. Dagg et al. v. Cameron Estate, 2015 ONSC 2597, 125 OR (3d) 511