Glossary

In Wills

A couple is separated when at least one partner decides to end their marriage or common-law relationship and starts to behave in a way that shows they want to end the relationship.

In estates law, separated married partners are treated differently than separated common-law partners.

There are rules that say when a married partner who’s separated can get property from their partner’s estate. And when they can be estate trustee if their partner named them for that role in their will.

But those rules do not apply to separated common-law partners.

In Wills and Powers of Attorney

A specific bequest is a gift of a certain piece of property, for example, a piece of jewellery or a car, or a specific bank account, to a person or organization in a will.

In Wills and Powers of Attorney

The term spouse has different meanings depending on the area of law. In estates law, which deals with wills and Powers of Attorney, someone is your spouse if:

• you’re married to them
• you’ve lived together for at least 3 years or sometimes less if you’re raising a child together.

The definition of spouse is different in family law. And it depends on whether you’re dealing with property division or support.

In Abuse and Family Violence, Health and Disability, Wills and Powers of Attorney

A substitute decision-maker (SDM) is someone who can make personal care decisions for you when you’re not mentally capable. This includes decisions about where you live, what you eat, getting dressed, washing and having a bath, and staying safe. This might be the attorney you name in your Power of Attorney for Personal Care.

The Health Care Consent Act says who can be SDMs for health-care decisions. This includes situations where a doctor finds that you’re not capable of making your own decisions about medical treatment.