LIFE AND DEATH PLANNING, Nova Scotia

Married? or not? You need a Will, and more.

If you are married, unmarried, co-habiting, or considering marriage. You may need a co-habiting contract or a marriage contract.

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Matrimonial Property Act

Application for division of matrimonial assets
12 (1) Where:
(a) a petition for divorce is filed;
(b) an application is filed for a declaration of nullity;
(c) the spouses have been living separate and apart and there is no reasonable prospect of the resumption of cohabitation; or
(d) one of the spouses has died, either spouse is entitled to apply to the court to have the matrimonial assets divided in equal shares, notwithstanding the ownership of these assets, and the court may order such a division.

Limitation period for surviving spouse
(2) An application for the division of matrimonial assets shall be made by a surviving spouse within six months after probate or administration of the estate of the deceased spouse is granted by a court of probate and not thereafter.

Extension of time
(3) Notwithstanding subsection (2), where the court is satisfied that the surviving spouse did not know of the grant of probate or administration or did not have an adequate opportunity to make such an application, the court may extend the time for making the application but such an application shall relate only to matrimonial assets remaining undistributed at the date of the application.

Right of surviving spouse as additional right
(4) Any right that the surviving spouse has to ownership or division of property under this Act is in addition to the rights that the surviving spouse has as a result of the death of the other spouse, whether these rights arise on intestacy or by will. R.S., c. 275, s. 12.

Marriage contract

23 A man and a woman may enter into an agreement, to be known as a marriage contract, before their marriage or during their marriage while they are cohabiting, in which they agree on their respective rights and obligations:
(a) under the marriage;
(b) upon separation;
(c) upon the annulment or dissolution of the marriage;
(d) upon the death of either spouse. R.S., c. 275, s. 23.

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