Terezakis Estate (Re)

Terezakis Estate (Re)

Applying ss.46(1)(b) and 42(4) of the Wills, Estates and Succession Act, where a beneficiary predeceased the will-maker leaving surviving issue, the predeceased beneficiary's share passes to his descendants; therefore Katrina takes the full share that would have gone to Sophocles.

Citation
2018 BCSC 805
Parties
Applicant Executor of the Estate: Angela Ekins; Respondent Son / Applicant for Rectification (appearing in Person): Tony Terezakis; Estate / Will Maker (deceased): Estate of Aikaterini Terezakis (Deceased)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 March 2018
Procedural Posture
Rectification of Will and Directions Regarding Interpretation of Residue Clause / In Chambers Oral Ruling on Interpretation of Residue Clause
Outcome
Katrina Terezakis is entitled to the full share of the residue that would have gone to Sophocles Terezakis; executor awarded costs out of the estate on a special costs basis; rectified will to be implemented.
Legal Topics
Will Rectification, Will Interpretation, Residue Distribution, Anti Lapse and Substitution
Source Language
English
Wills and Estates Succession Law Probate Will Rectification Will Interpretation Residue Distribution Anti Lapse and Substitution

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Angela Ekins

Applicant Executor of the Estate

Tony Terezakis

Respondent Son / Applicant for Rectification (appearing in Person)

Estate of Aikaterini Terezakis (Deceased)

Estate / Will Maker (deceased)

Procedural Posture

Rectification of Will and Directions Regarding Interpretation of Residue Clause / In Chambers Oral Ruling on Interpretation of Residue Clause

Legal Issues

  1. 1 Whether Sophocles' share passes to his surviving issue Katrina under s.46(1)(b) of WESA
  2. 2 Whether Victor's hypothetical share should lapse back into the residue and be divided among remaining children
  3. 3 Application of s.42(4) regarding gifts to 'descendants' spanning generations

Ratio Decidendi

Applying ss.46(1)(b) and 42(4) of the Wills, Estates and Succession Act, where a beneficiary predeceased the will-maker leaving surviving issue, the predeceased beneficiary's share passes to his descendants; therefore Katrina takes the full share that would have gone to Sophocles.

Court Disposition

Katrina Terezakis is entitled to the full share of the residue that would have gone to Sophocles Terezakis; executor awarded costs out of the estate on a special costs basis; rectified will to be implemented.

Orders

  • Declare that Katrina Terezakis is entitled to the full share of Aikaterini Terezakis's estate that would have gone to Sophocles Terezakis under the rectified will
  • Implement the parties' agreed rectification distributing the residue among the children with substitution to their issue as set out by consent