Roberts Estate (Re)

Roberts Estate (Re)

Clause 3(F) is unambiguous on its face and its plain meaning is an annual gift of $10,000 for ten years to the listed charities in aggregate; the deletion of the words 'each of' from the 1998 will was intentional, and consideration of the testator's estate size at the time supports the aggregate interpretation;...

Source-derived case information.

Citation
2021 BCSC 1732
Parties
Testator (deceased): Helen Anelia Roberts; Applicant and Beneficiary: Donna Robinson; Respondents: The Charities
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 July 2021
Procedural Posture
Will Interpretation / Probate / Application for Interpretation (in Chambers)
Outcome
Clause 3(F) interpreted as an annual gift of $10,000 for ten years to the listed charities in aggregate (total $100,000).
Legal Topics
Will Interpretation, Extrinsic Evidence, Construction of Wills, Charitable Gifts, Costs
Source Language
english
Wills and Estates Probate Trusts Will Interpretation Extrinsic Evidence Construction of Wills Charitable Gifts Costs

Source-derived case record

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Parties

Helen Anelia Roberts

Testator (deceased)

Donna Robinson

Applicant and Beneficiary

The Charities

Respondents

Procedural Posture

Will Interpretation / Probate / Application for Interpretation (in Chambers)

Legal Issues

  1. 1 Whether clause 3(F) creates a single annual gift of $10,000 to be divided among listed charities or an annual gift of $10,000 to each listed charity for ten years
  2. 2 Whether extrinsic evidence may be used to interpret clause 3(F)
  3. 3 Whether deleted words ('each of') in prior will indicate testator's intention

Ratio Decidendi

Clause 3(F) is unambiguous on its face and its plain meaning is an annual gift of $10,000 for ten years to the listed charities in aggregate; the deletion of the words 'each of' from the 1998 will was intentional, and consideration of the testator's estate size at the time supports the aggregate interpretation; therefore the court will not add words to create $10,000 per charity per year.

Court Disposition

Clause 3(F) interpreted as an annual gift of $10,000 for ten years to the listed charities in aggregate (total $100,000).

Orders

  • Clause 3(F) is interpreted as an annual gift of $10,000 payable for ten years to be divided among the listed charities (total $100,000)
  • Each party is awarded their costs on a solicitor-and-client basis to be paid by the estate