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The court revoked a grant of administration obtained by Tanya Weightman after she failed to notify her siblings. Administration was granted to Tyrone Weightman and the estate declared intestate.
The court held that the deceased had not terminated her marriage-like relationship with Thomas Harlton, declared him a spouse under WESA, and removed the notice of dispute.
æŻäșČ1äž»ćŒ èȘć·±æŻéäș§æłäžçé ć¶ïŒäœæłéąèź€ćźć„čäžæ»è ćšæ»äșĄć䞀ćčŽć ćč¶æȘć€äșć©ć§»ćŒć łçł»äžïŒèŻèźŒèą«é©łćă
The court held that Lucy Chapman remained the deceasedâs common law spouse at death and was entitled to the intestate estate. The Indian Act and Tla'amin customary law did not govern.
The court dismissed the defendantâs claim to be the deceasedâs common law spouse, cancelled the caveats, granted Letters of Administration to the plaintiff, and held him to be the sole heir.
The Court of Appeal held that the administratrix did not commit reviewable error in approving the informal distribution of lowâvalue personal effects given the circumstances and her honest, reasonable conduct, but the Probate Court erred by failing to require evidence and a hearing to determine ownership of the two joint bank accounts; the December 3, 2004 order passing accounts was set aside and the issue of the joint accounts remitted for proper investigation and hearing.
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