A surviving spouse can start or continue a family property claim against the deceased spouse for family property rights. A deceased spouse’s representative (e.g., executor or administrator) can only continue their family property application against the surviving spouse and cannot commence a claim. Family property claims in the estate context are not limited to divorcing or separating spouse; surviving spouses who were disinherited or left substantially less than they need or would be entitled to under The Family Property Act and The Dependants’ Relief Act also have a right of action against the Estate. Deciding to advance either of these claims requires a consideration of the surviving spouse’s entitlement from the Estate compared to The Family Property Act, and their needs going forward.

For a more detailed discussion on the foregoing, please see Paige’s blog posts: Estate Litigation: Family Property Rights for the Living Spouse and Dependants’ Relief Legislation: What to do when your inheritance from a deceased parent or spouse is inadequate to meet your needs?

About the Author:

Paige is an associate in the Saskatoon office where she practices primarily in estate litigation and provides related services in estate planning, estate administration and guardianship or co-decision-making applications, while maintaining a general civil litigation and family law practice.

About McKercher LLP:

McKercher LLP is one of Saskatchewan's largest, most established law firms, with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have helped our firm to rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2021/22). Integrity, experience, and capacity provide innovative solutions for our clients' diverse legal issues and complex business transactions.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.