Sim v. Sim Estate

Sim v. Sim Estate

The Peachland property was not part of the deceased's estate because it originated with Mrs. Sim and passed by joint tenancy; the provable estate assets totalled $73,176.89; the London Life last-survivor policy payable to the plaintiffs constitutes adequate, just and equitable provision in the circumstances;...

Source-derived case information.

Citation
2016 BCSC 1222
Parties
Plaintiff: Bryan Alexander Sim; Plaintiff: Gordon Anthony Sim; Plaintiff: Karen Aurelie Perchie; Plaintiff: Ronald Wayne Sim; Plaintiff: Sheila Marie Youngman; Defendant (executrix and Trustee): Betty Adena Sim; Defendant (personal): David Lyon Sim
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 July 2016
Procedural Posture
Wills Variation and Estate Trust Dispute / Trial Judgment (reasons for Judgment)
Outcome
Claim dismissed. Costs to defendants. Limited remedial order preserving plaintiffs' insurance benefit.
Legal Topics
Will Variation, Testamentary Disposition, Joint Tenancy, Life Insurance Beneficiaries, Unjust Enrichment, Breach of Trust, Accounting
Source Language
english
Wills and Estates Trusts Property Law Estate Administration Succession Law Will Variation Testamentary Disposition Joint Tenancy +4 more

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Parties

Bryan Alexander Sim

Plaintiff

Gordon Anthony Sim

Plaintiff

Karen Aurelie Perchie

Plaintiff

Ronald Wayne Sim

Plaintiff

Sheila Marie Youngman

Plaintiff

Betty Adena Sim

Defendant (executrix and Trustee)

David Lyon Sim

Defendant (personal)

Procedural Posture

Wills Variation and Estate Trust Dispute / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the will should be varied under s.2 of the Wills Variation Act to provide for adult children
  2. 2 Whether the Peachland property formed part of the deceased's estate or was held in trust
  3. 3 Whether the executrix breached trust or converted estate property

Ratio Decidendi

The Peachland property was not part of the deceased's estate because it originated with Mrs. Sim and passed by joint tenancy; the provable estate assets totalled $73,176.89; the London Life last-survivor policy payable to the plaintiffs constitutes adequate, just and equitable provision in the circumstances; accordingly the Wills Variation Act relief is not warranted and the plaintiffs' claims are dismissed, subject to an order preserving the plaintiffs' life insurance benefit.

Court Disposition

Claim dismissed. Costs to defendants. Limited remedial order preserving plaintiffs' insurance benefit.

Orders

  • Claim dismissed with costs to the defendants
  • No accounting of what is owing to the estate ordered