Bolton v. Keefe

Bolton v. Keefe

The petitioner's s.98 claim was dismissed because the short duration of the marriage and long interval since separation, the petitioner's financial self‑sufficiency, the modest size of the estate and competing claims of five natural children (including infants) meant there was no moral obligation warranting a discretionary award; however the petitioner was fit to serve as administratrix and was appointed subject to a $30,000 bond and awarded special costs payable from the estate.

Citation
2000 BCSC 495
Parties
Petitioner: Evelyn Bolton; Respondent: Morgan Keefe; Respondent: Elizabeth Lackie; Infant Respondent: Sarah Bolton; Infant Respondent: Cheyenne Hamilton Bolton; Infant Respondent: Virginia Hamilton Bolton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 March 2000
Procedural Posture
Estate Administration / Letters of Administration / Application for Letters of Administration and Determination Under S.98 of the Estate Administration Act
Outcome
Petitioner's s.98 claim dismissed; petitioner appointed administratrix of the estate subject to bond; costs awarded
Legal Topics
Letters of Administration, Section 98 Estate Administration Act, Surviving Spouse Intestacy Claims, Executor/administratrix Appointment, Public Trustee and Bond
Source Language
English
Estate Law Probate Family Law Trusts Letters of Administration Section 98 Estate Administration Act Surviving Spouse Intestacy Claims Executor/administratrix Appointment +1 more

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Parties

Evelyn Bolton

Petitioner

Morgan Keefe

Respondent

Elizabeth Lackie

Respondent

Sarah Bolton

Infant Respondent

Cheyenne Hamilton Bolton

Infant Respondent

Virginia Hamilton Bolton

Infant Respondent

Procedural Posture

Estate Administration / Letters of Administration / Application for Letters of Administration and Determination Under S.98 of the Estate Administration Act

Legal Issues

  1. 1 Whether the surviving spouse (petitioner) is barred from taking part of the deceased's estate under s.98 of the Estate Administration Act
  2. 2 Whether the court should exercise its discretion to award the petitioner a share despite separation
  3. 3 Whether the petitioner should be appointed administratrix and on what security

Ratio Decidendi

The petitioner's s.98 claim was dismissed because the short duration of the marriage and long interval since separation, the petitioner's financial self‑sufficiency, the modest size of the estate and competing claims of five natural children (including infants) meant there was no moral obligation warranting a discretionary award; however the petitioner was fit to serve as administratrix and was appointed subject to a $30,000 bond and awarded special costs payable from the estate.

Court Disposition

Petitioner's s.98 claim dismissed; petitioner appointed administratrix of the estate subject to bond; costs awarded

Orders

  • Petitioner's claims under s.98 are dismissed
  • Evelyn Bolton is appointed administratrix of the estate of Alistair Norman Bolton upon posting a bond in the amount of $30000.00