The Long Lost Child

June 9, 2016 Lisa-Renee Estate & Trust, Estate Planning, In the News, Litigation, Support After Death, Wills Tags: , , , , , , , , , 0 Comments

As speculation starts to appear in the media about the estate of the late Muhammad Ali, who passed away this past weekend, the typical estate questions emerged in the press: who will inherit his estate and how much do they stand to benefit?

parent and childWhen a celebrity such as Muhammad Ali (or Prince) passes away it is always an important reminder of estate issues that may arise, particularly when blended families are involved.  For instance, my colleague Laura Betts recently revisited the issue of mirror or mutual Wills and what can happen when the surviving spouse changes their Will after their spouse has passed away.

Another issue that comes to mind are the possible claims that could be made against an estate by a long lost child.

In Ontario, any person appearing to have a financial interest in an estate may make an application to the court under the Rules of Civil Procedure seeking the court’s direction with respect to the estate.

Where a person claims to be a child of a deceased, section 8 of the Children’s Law Reform Act (the “CLRA”) imposes a rebuttable presumption of paternity in limited circumstances.  In the alternative, the court has the jurisdiction pursuant to s. 10 of the CLRA to order DNA testing so that a finding as to the parentage of the applicant can be made.

Depending on the circumstances of the case, once the applicant is found to be the biological child of the deceased, a number of claims could potentially be asserted.  For example, if the deceased died testate, the wording of his or her Will could give rise to an interpretation issue.   Alternatively, in the case of an intestacy, the biological child may assert their statutory entitlement to the estate.  In both instances, however, if the biological child falls within the scope of Part V of the Succession Law Reform Act then a claim for dependency may also be asserted.

Thanks for reading.

Lisa Haseley

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