Section 1 definition of "spouse" BEFORE changes were re-enacted by 2000-24-13 effective July 6, 2000 (Royal Assent).

"spouse" includes a common law spouse as defined in the Estate Administration Act.

2 Despite any law or statute to the contrary, if a testator dies leaving a will that does not, in the court's opinion, make adequate provision for the proper maintenance and support of the testator's wife, husband or children, the court may, in its discretion, in an action by or on behalf of the wife, husband or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the testator's estate for the wife, husband or children.

(c) if there are minor children of the testator, or if the wife, husband or a child of the testator is mentally disordered, a copy of the writ of summons has been served on the Public Guardian and Trustee.

(b) for not making adequate provision for the wife, husband or children,

7 In making an order the court may, if it thinks fit, order that the provision for the testator's wife, husband or children is to consist of a lump sum or a periodic or other payment.

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