Under the present law, a will is automatically revoked on marriage or divorce. These long-standing rules are intended to protect the interests of spouses and children of the makers of wills. However, it has been suggested the the changing social and legal context may sometimes defeat the purpose of the rules, and even make them a problem. This Consultation Paper discusses when a will is automatically revoked due to marriage or divorce.
There is currently no obligation to consult a non-custodial parent upon application to change a child’s surname after divorce. The Change of Name Act should be amended so that parental consent is required, except where a court determines that dispensing with consent is in the best interest of the child.
This Report recommends that the maintenance enforcement system be reformed to provide a regular flow of income without trauma or delay. Defaulting spouses and parents must be encouraged and compelled to meet their obligations. A draft Act to Facilitate the Enforcement of Maintenance Orders is included.
Over the last decade, there has been an increased awareness of the rights of women. The law does not adequately address these issues. This minor paper is the first of three on the division of matrimonial property. The Commission discusses current law in Saskatchewan and its problems.