Part 5 — Family Maintenance and Support
93 Matters to be considered by the Court
of a family member, the Court shall consider, as applicable,
(a) the nature and duration of the relationship between the
family member and the deceased,
(b) the age and health of the family member,
(c) the family member's capacity to contribute to his or her own
support, including any entitlement to support from another
person,
(d) any legal oblig ation of the deceased or the deceased's estate
to support any family member,
(e) the deceased's reasons for making or not making
dispositions of property to the family member, including
any written statement signed by the deceased in regard to
the matter,
(f) any relevant agreement or waiver made between the
deceased and the family member,
(g) the size, nature and distribution of
(i) the deceased's estate, and
(ii) any property or benefit th at a family member or other
person is entitled to receive by reason of the deceased's
death,
(h) any property th at the deceased, during life, placed in trust in
favour of a person or transferred to a person, whether under
an agreement or order or as a gift or otherwise, and
(i) any property or benefit that an individual is entitled to
receive under the Family Property Act, the Dower Act or
Division 1 of this Part by reason of the deceased's death,
and may consider any other matter the Court considers relevant.
2010 cW-12.2 s93;2018 c18 s7