Hull on Estates Episode #352 - The Family Law Act and Matrimonial Homes

Today on Hull on Estates, David Smith and Holly LeValliant discuss a recent case Brash v. Zyma, 2013 ONSC 2800, where the Applicant developed Parkinson’s Disease, which made it impossible for her to live in the matrimonial home. Accordingly, the Estate argued that at the valuation date (the date of death of the deceased), the property was not ordinarily occupied by the Applicant and therefore was not a matrimonial home pursuant to the Family Law Act. David and Holly discuss the broader implications of the issue in the Estates and Guardianship contexts. If you have any questions, please email us at [email protected] or leave a comment on our blog page.