What authority does the estate have to provide a fixed term of support?
Nova Scotia, Canada
The following excerpt is from Haas v. Payne Estate, 2015 NSSC 372 (CanLII):
The estate refers me to McLeod v. McLeod, 2013 BCCA 552 where, at para. 25, Justice Smith summarizes principles taken from case law about support obligations surviving death. This includes, “If the agreement or order provides a fixed term of support, the estate is bound by that agreement…”. The estate says that the authority underlying this statement is distinguishable because there was no provision for variation in that case.
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