Case information

Family law — Family assets — Wills and estates — Administration of estates — Executors and administrators — Courts — Jurisdiction — Personal representative of deceased spouse commencing a claim for division of family assets against surviving spouse — Whether property division rights under the Family Law Act, S.B.C. 2011, c. 25 should be limited to living spouses and/or spouses who commence proceedings under the FLA while alive — Whether personal representatives of deceased spouses should be entitled to bring proceedings against a surviving spouse for division of family property under the FLA pursuant to s. 150 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 — Whether survivor legislation should prevail over the clear language of a statutory property division scheme or other statutes which create specific rights

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The applicant was married to Lani Jo Weaver on December 18, 1993. They separated in 2015, but did not divorce or otherwise enter into any agreements or commence any proceedings with respect to a division of family property and family debt. Ms. Weaver died on July 25, 2020. On November 19, 2020, the administrator of Ms. Weaver’s estate, Mr. Miller, filed a notice of family claim, seeking an order for an equal division of family property and family debt under the FLA. He claimed an interest in three properties located in British Columbia, Washington State and Hawaii that were jointly held by the spouses. The applicant applied to strike, dismiss or stay the notice of family claim, on the basis that the court did not have jurisdiction and because Ms. Weaver was deceased at the time the claim was brought.