Prevost Estate v. Prevost Estate

Prevost Estate v. Prevost Estate

The court applied the presumption of early vesting and, viewing clauses 4 and 5 together and the surrounding circumstances, concluded that 'time of division' was used loosely to mean time of death; therefore the residue vested at the testator's death and the estates of Eric Prevost and Theodore Prevost (and other...

Source-derived case information.

Citation
2012 NSSC 199
Parties
Applicant: Joslyn Schultz; Applicant: Gregory Prevost; Applicant: Sharyn Prevost; Applicant: Estate of Eric Prevost; Applicant: Joan Prevost; Applicant: Estate of Theodore Prevost; Applicant: Theodore Prevost; Applicant: Randall Prevost; Respondent: Tyrone Bradley Prevost; Respondent: Estate of Claude Delbert Prevost
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Probate (will Interpretation) / Oral and Written Decision
Outcome
Court held that the residue vested at the testator's death; beneficiaries include the estates of Eric Prevost and Theodore Prevost and other surviving siblings except Ervin Graham Prevost.
Legal Topics
Will Construction, Vesting Vs Contingent Gifts, Interpretation of 'time of Division'
Source Language
english
Probate Wills and Estates Succession Law Will Construction Vesting Vs Contingent Gifts Interpretation of 'time of Division'

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joslyn Schultz

Applicant

Gregory Prevost

Applicant

Sharyn Prevost

Applicant

Estate of Eric Prevost

Applicant

Joan Prevost

Applicant

Estate of Theodore Prevost

Applicant

Theodore Prevost

Applicant

Randall Prevost

Applicant

Tyrone Bradley Prevost

Respondent

Estate of Claude Delbert Prevost

Respondent

Procedural Posture

Probate (will Interpretation) / Oral and Written Decision

Legal Issues

  1. 1 Whether the phrase 'time of division' in clause 4 refers to time of death or time of distribution
  2. 2 Whether gifts to the testator's surviving siblings vested at death or were contingent on surviving to distribution
  3. 3 Whether the estates/issue of siblings who died after the testator but before distribution are beneficiaries

Ratio Decidendi

The court applied the presumption of early vesting and, viewing clauses 4 and 5 together and the surrounding circumstances, concluded that 'time of division' was used loosely to mean time of death; therefore the residue vested at the testator's death and the estates of Eric Prevost and Theodore Prevost (and other surviving siblings, except Ervin Graham Prevost) are beneficiaries.

Court Disposition

Court held that the residue vested at the testator's death; beneficiaries include the estates of Eric Prevost and Theodore Prevost and other surviving siblings except Ervin Graham Prevost.

Orders

  • Beneficiaries of the estate shall include the estates of Eric Prevost and Theodore Prevost, each to receive an equal share along with the other surviving sisters and brothers, with the exception of Ervin Graham Prevost.
  • No determination of the monetary value of any share is ordered at this time.