91

 

 

Second Session, 50th General Assembly

3 Charles III, 2024

BILL 91

AN ACT TO AMEND THE FAMILY RELIEF ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE BERNARD DAVIS

Minister of Justice and Public Safety

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Family Relief Act to

·         add definitions of cohabiting partner relationship, deceased's cohabiting partner and deceased's spouse;

·         include a deceased's cohabiting partner in the definition of dependant;

·         replace all references to Trial Division with the correct reference Supreme Court; and

·         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE FAMILY RELIEF ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.

              Application to court

        3.   S.5 Amdt.
Criteria for determining issue

        4.   S.6 Amdt.
Contents of orders

        5.   S.7 Amdt.
Variation, etc. of order

        6.   S.8 Amdt.
Payment

        7.   S.9 Amdt.
Distribution of estate stopped

        8.   S.12 Amdt.
Direction of judge

        9.   S.13 Amdt.
Order to be filed

      10.   S.14 Amdt.
Time limit

      11.   S.16 Amdt.
Contracts

      12.   S.18 Amdt.
Enforcement of order

          .  


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-3
as amended

        1. (1) Section 2 of the Family Relief Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  "cohabiting partner relationship" means a relationship in which 2 persons are cohabiting and have cohabited continuously in a conjugal relationship outside of marriage

                      (i)  for a period of at least 2 years, or

                     (ii)  for a period of at least one year, where they are, together, the biological or adoptive parents of a child;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (b) the following:

         (b.1)  "deceased's cohabiting partner" means the person who, at the time of the deceased’s death, was in a cohabiting partner relationship with the deceased;

         (b.2)  "deceased's spouse" means the person who, at the time of the deceased’s death,

                      (i)  was married to the deceased,

                     (ii)  was married to the deceased by a marriage that was voidable and had not been voided by a judgment of nullity, or

                    (iii)  had gone through a form of marriage with the deceased, in good faith, that is void and was cohabiting or had cohabited with deceased within the preceding year;

             (3)  Paragraph 2(c) of the Act is repealed and the following substituted:

 

             (c)  "dependant" means one or more of the following:

                      (i)  the deceased’s spouse,

                     (ii)  the deceased’s cohabiting partner, and

                    (iii)  a child of the deceased;

             (4)  Paragraph 2(e) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".  

        2. (1) Subsection 3(1) of the Act is repealed and the following substituted:

Application to court

        3. (1) One or more dependants may apply to the court where the deceased 

             (a)  dies testate without having made adequate provision for the maintenance and support in the will for one or more of the  dependants; or

             (b)  dies intestate and the share of the estate under the Intestate Succession Act for one or more of the dependants is inadequate for the maintenance and support for one or more of the dependants.                

             (2)  Section 3 of the Act is amended by adding immediately after subsection (1) the following:

         (1.1)  Notwithstanding the will of the deceased or the Intestate Succession Act, where an application is made under subsection (1), a judge may make an order that adequate provision be paid from the estate of the deceased for the maintenance and support of one or more of the dependants.

 

        3. (1) Paragraph 5(1)(a) of the Act is amended by deleting the words "him or her" and substituting the words "the dependant".

             (2)  Paragraph 5(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the dependant's".

             (3)  Paragraph 5(1)(i) of the Act is repealed and the following substituted:

              (i)  rights that a deceased's spouse or deceased's cohabiting partner has under the Family Law Act or a domestic contract made under that Act.

             (4)  Subsection 5(2) of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

             (5)  Subsection 5(3) of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

             (6)  Subsection 5(4) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the testator's"; and

             (b)  deleting the words "he or she" and substituting the words "the testator".

 

        4. (1) Subsection 6(1) of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

             (2)  Subsection 6(2) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

             (3)  Subsection 6(3) of the Act is amended by deleting the number "1" and substituting the word "one".

 

        5. (1) Paragraph 7(1)(a) of the Act is amended by

             (a)  deleting the word "party" and substituting the word "dependant"; and

             (b)  deleting the words "his or her" substituting the words "the dependant's".

             (2)  Paragraph 7(2)(a) of the Act is repealed and the following substituted:

             (a)  the deceased's spouse and has remarried or entered into a cohabiting partner relationship;

         (a.1)  the deceased's cohabiting partner and has married or entered into another cohabiting partner relationship;

 

        6. Paragraph 8(a) of the Act is amended by deleting the words "he or she" and substituting the words "the legatee, devisee or beneficiary".

 

        7. (1) Subsection 9(1) of the Act is amended by deleting the words "he or she" and substituting the words "the executor, administrator or trustee".

             (2)  Subsection 9(3) of the Act is amended by deleting the words "him or her" and substituting the words "the executor, administrator or trustee".

 

        8. Section 12 of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

 

        9. Section 13 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

 

      10. Subsection 14(2) of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

 

      11. Section 16 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the testator's".

 

      12. Subsection 18(2) of the Act is amended by deleting the words "he or she" and substituting the words "the dependant".

 

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