A while ago I wrote in a blog that an individual’s right to sue vanishes upon his or her death in common law. This shortcoming has been remedied by the family law legislation in Ontario.
Today I want to talk about a person’s legal obligations upon his or her death.
Generally speaking, a person’s civil-law obligations after death are borne by his or her estate.
The estate is required to satisfy all creditors before any gifts may be distributed to the beneficiaries. In Ontario, there is a six-month freeze on the assets of the deceased to ensure that all creditors are properly paid.
Contractual obligations undertaken by the deceased, such as services to be performed, should be satisfied in the form of liquidated damages. In Ontario, the Family Law Act also provides that all support obligations bind the deceased estate.
Therefore, for those who say “You’ll get support from me over my dead body,” indeed, that may be just what happens.
