Second

Session, 50th General Assembly

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

S.2 Amdt .

Definitions

S.3 Amdt .

Application

to court

S.5 Amdt .

Criteria for determining issue

S.6 Amdt .

Contents of orders

5. S.7 Amdt .

Variation, etc. of order

S.8 Amdt .

Payment

S.9 Amdt .

Distribution of estate stopped

S.12 Amdt .

Direction of judge

S.13 Amdt .

Order to be filed

S.14 Amdt .

Time limit

S.16 Amdt .

Contracts

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) 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 deceaseds death, was in a cohabiting

partner relationship with the deceased;

(b.2) "deceased's spouse" means the person

who, at the time of the deceaseds 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 deceaseds

spouse,

(ii) the deceaseds 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

(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".

Section 12 of the Act is amended by deleting

the words "he or she" and substituting the words "the

judge".

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".

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".

King's Printer