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The court set aside competing probate and administration orders, found the deceased died intestate, and held Sasha Coad had not proved a marriage-like relationship.
The court declared Joseph Chambers was Patricia Connor’s spouse under WESA, finding a long-term marriage-like relationship continued until her death.
The court interpreted the X.R. Trust’s “Guardians” clause and held that, for an incapacitated adult beneficiary, the current co-committees are the Guardians.
The court held L.E. did not prove a marriage-like relationship with the deceased for the required two years before death, so she was not a spouse under the Act.
The Court of Appeal upheld a finding that the respondent was a common-law spouse under the Estate Administration Act, despite the deceased’s subsisting marriage and separate finances.
The court held that a residuary gift to a brother-in-law who predeceased the testatrix had lapsed and fell into intestacy under the Estate Administration Act.
The court held Patricia Vliet was not living separate and apart from the deceased, so she could administer his intestate estate without bond.
The British Columbia Court of Appeal held that a nephew is not “issue” for s. 29 of the Wills Act, so the residuary gift lapsed. The appeal failed on that point.
The court held the residuary clause named individuals rather than a class, so Richard Andrews’s share lapsed and passed on intestacy.
The Supreme Court of Canada held that “next-of-kin” in the will included the testator’s lineal descendant, so the accumulated income vested in the grandson.
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