Re Estate of Ernest Ray Vliet

Re Estate of Ernest Ray Vliet

The court found that despite physical separation for business reasons, the parties did not intend a withdrawal from matrimonial obligations or to destroy the matrimonial consortium; evidence of frequent contact, visits, shared activities, caregiving, and an express mutual intent to resume cohabitation rebutted any presumption of non‑cohabitation, therefore s.98(1) did not bar the spouse and she was entitled to letters of administration without bond limited to the estate in British Columbia.

Citation
2005 BCSC 724
Parties
Deceased: The Estate of Ernest Ray Vliet; Applicant / Surviving Spouse: Patricia Vliet; Respondent / Son: Robert Vliet
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 May 2005
Procedural Posture
Estate Administration (intestacy) / Hearing on Application for Letters of Administration
Outcome
Letters of administration granted to Patricia Vliet without bond limited to the estate in British Columbia; costs awarded personally against the defendants unless varied on application within 14 days
Legal Topics
Letters of Administration, Spouse Entitlement on Intestacy, Living Separate and Apart, Bond for Administrator, Appointment of Administrator
Source Language
English
Estate Law Probate Intestacy Family Law Letters of Administration Spouse Entitlement on Intestacy Living Separate and Apart Bond for Administrator +1 more

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Parties

The Estate of Ernest Ray Vliet

Deceased

Patricia Vliet

Applicant / Surviving Spouse

Robert Vliet

Respondent / Son

Procedural Posture

Estate Administration (intestacy) / Hearing on Application for Letters of Administration

Legal Issues

  1. 1 Whether the surviving spouse was 'living separate and apart' such that she is excluded from intestate succession under s.98(1) of the Estate Administration Act
  2. 2 Whether Patricia Vliet should be appointed sole administrator without a bond limited to the estate in British Columbia
  3. 3 Whether the rebuttable presumption under s.111 applies and, if so, whether it is rebutted

Ratio Decidendi

The court found that despite physical separation for business reasons, the parties did not intend a withdrawal from matrimonial obligations or to destroy the matrimonial consortium; evidence of frequent contact, visits, shared activities, caregiving, and an express mutual intent to resume cohabitation rebutted any presumption of non‑cohabitation, therefore s.98(1) did not bar the spouse and she was entitled to letters of administration without bond limited to the estate in British Columbia.

Court Disposition

Letters of administration granted to Patricia Vliet without bond limited to the estate in British Columbia; costs awarded personally against the defendants unless varied on application within 14 days

Orders

  • Grant letters of administration to Patricia Vliet as sole administrator of the Estate of Ernest Ray Vliet limited to assets in British Columbia
  • No bond required for letters of administration