All About Estates

Tag: Children’s Law Reform Act

Total 3 Posts

Is a Foster Child Entitled to Take Under an Intestacy?

In Estate of Sydney Monteith v. Monteith, the court declined to award a share of the Deceased’s estate to his foster sister. Sydney (the “Deceased”) died on March 16, 2022. He left no Will. He had no spouse or issue and was predeceased by both his adoptive parents. Pursuant to…

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Children are not Chattels: Who Cares for a Child when a Primary Caregiver Dies?

In Marshall vs. Snow, the court was asked to determine who should be awarded primary custody of a minor child following the death of her mother (the child’s primary caregiver). Prior to the mother’s death, the child’s father and mother shared joint custody but not equal parenting time or decision-making rights…

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