October 25, 2017

Family lawyers breathing easier after appeal court decision

Family lawyers breathing easier after appeal court decision

Toronto family lawyer Jennifer Samara Shuber says she and her colleagues at the family law bar breathed a sigh of relief after the province’s top court overturned a decision that shed doubt on the practice of securing support payments via life insurance policies.

The appeal court case concerned a deceased man who had separated from his wife in 2012 and at the same time took out a court-ordered life insurance policy naming her as beneficiary in order to secure his future child and spousal support obligations.

However, when the man died insolvent in 2013, his new partner claimed the life insurance policy should be “clawed back” into the estate to help cover his support obligations to her and their young son under s. 72 of the Succession Law Reform Act (SLRA).

Read the full article on AdvocateDaily.com

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