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Old 07-27-2020, 02:34 AM
janice020204 janice020204 is offline
Join Date: Nov 2012
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Default WILLS family law act section 5 and section 6

Please explain what this means, it is my husbands will.
I declare that if my spouse elects under the provisions of Section 6 of the family law act as amended from time to time, to receive the spouse's entitlement under Section 5 of the Act, my spouse shall be deemed to have predeceased me for all purposes of my will and any codicil
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Old 07-27-2020, 11:29 AM
rockscan rockscan is offline
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Join Date: Mar 2014
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Janice, your case is really complicated and your posts appear to demonstrate you are trying to find interpretations if the family law act and divorce act to protect yourself. You need a lawyer. Stop posting here and call one. You were here eight years ago with complicated issues and are now back with a husband who is moving assets around. CALL A LAWYER.
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Old 07-27-2020, 02:24 PM
standing on the sidelines standing on the sidelines is offline
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Unless the will of the deceased specifically provides that the surviving spouses entitlement, if any, under the will is in addition to his or her equalization entitlement, the surviving spouse will be put to an election, having to choose either the provisions of the will or the equalization entitlement (FLA, subsection 6(1)). If the FLA equalization entitlement is chosen, the will entitlement is forfeited, and the will is administered as if the surviving spouse had predeceased the deceased spouse. Either the entitlement under the will or an equalization payment can be claimed by the surviving spouse, but not both (FLA, subsection 6(1)).
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