Benjamins v. Chartered Trust Co.

Benjamins v. Chartered Trust Co.

Majority held para II of the 1937 joint will created a mutual understanding that (apart from specified exceptions) the spouses’ property, including after-acquired property described generically, was joint and that on the death of the first spouse his will disposed of one-half of such joint property; accordingly one-half of the Zurich and London bank accounts belonged to the deceased husband’s estate and the defendant held one-half as constructive trustee and was ordered to account. Cartwright J. dissented as to the London account, concluding para II referred only to existing property and the London account was the wife’s separate property.

Citation
[1965] SCR 251
Parties
Defendant Appellant: Juris Benjamins; Plaintiff Respondent: Chartered Trust Company, Administrator with the Will annexed of the Estate of Antons Benjamins
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1965
Procedural Posture
Appeal (civil Wills/estates) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed (majority); Cartwright J. dissenting in part
Legal Topics
Joint Will, Joint Bank Accounts, Construction of Wills, Marital Property Regime, Resulting and Constructive Trusts, Application of Foreign/domestic Law
Source Language
English
Wills Estates Trusts Conflict of Laws Banking Property Joint Will Joint Bank Accounts Construction of Wills +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Juris Benjamins

Defendant Appellant

Chartered Trust Company, Administrator with the Will annexed of the Estate of Antons Benjamins

Plaintiff Respondent

Procedural Posture

Appeal (civil Wills/estates) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether funds in Zurich joint account were held equally by both spouses
  2. 2 Whether funds in London account held in the sole name of the wife were joint property includible under the joint will
  3. 3 Whether para. II of the joint will created joint ownership including after-acquired property

Ratio Decidendi

Majority held para II of the 1937 joint will created a mutual understanding that (apart from specified exceptions) the spouses’ property, including after-acquired property described generically, was joint and that on the death of the first spouse his will disposed of one-half of such joint property; accordingly one-half of the Zurich and London bank accounts belonged to the deceased husband’s estate and the defendant held one-half as constructive trustee and was ordered to account. Cartwright J. dissented as to the London account, concluding para II referred only to existing property and the London account was the wife’s separate property.

Court Disposition

Appeal dismissed (majority); Cartwright J. dissenting in part

Orders

  • Appeal dismissed and judgment of Court of Appeal for Ontario affirmed
  • Declaration that plaintiff is entitled to one-half of the amounts standing to the credit of Antons and Emilija Benjamins in the Swiss Bank Corporation in Zurich and one-half of the amounts standing to the credit of Emilija Benjamins in the Swiss Bank Corporation in London