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Old 07-24-2019, 06:40 PM   #36
Maritime Q-Scout
Ben
 
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Join Date: Jan 2004
Location: God's Country (aka Cape Breton Island)
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In Nova Scotia the Testators Family Maintenance Act supersedes a will in the sense that if a parent paid for/provided for someone (doesn't need to be blood) and was not in the will, that what the parent/person provided for will continue.

In theory, if my parents passed away tomorrow, and my brother and I got equal inheritance (which I know we would), I could challenge that in court stating that my parents take care of my child one day a week, and I should get compensation for that.

In reality it is to ensure that if a child, say a child that had a physical or mental condition that requires them to have special care is left out of a will, they will continue to be provided for.

The article doesn't go into the details, but if the superior court, court of appeal and SCC says that the daughters get their fair share, it's clear that they should get their fair share.
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