Canada Case Law

Walcott v. Walcott Estate

Court

Supreme Court of Nova Scotia

The court found claimants established enrichment and corresponding deprivation through sustained, tangible caregiving and maintenance services and that no juristic reason (such as an effective donative intent or other legal justification) existed to bar recovery; accordingly the Estate's application to dismiss was denied and the court awarded monetary restitution of $15,000 each to Rita, Joseph and Rebecca, with the balance of the estate divided under intestacy.

Source excerpt

• Unjust enrichment
• Juristic reason (donative intent)
• Intestacy distribution
• Admissibility of unsigned draft will
• Quantum of recovery

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Jones v. Davidson

Court

Supreme Court of British Columbia

The court held Tracey Davidson was not Larry Jones’s common law spouse, revoked her letters of administration, and granted the estate administration to Eric Jones.

• Common law spouse
• Cohabitation
• Letters of administration
• Intestacy distribution
• Occupational rent
• Misrepresentation (fraud)

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Liu Estate (Re)

Court

Supreme Court of British Columbia

The court dismissed an application to remove an estate administrator and appoint a judicial trustee, finding no demonstrated risk to beneficiaries or estate assets.

• Removal of administrator
• Appointment of judicial trustee under trustee act s.97
• Intestacy distribution
• Passing of accounts
• Conflict of interest between beneficiary and estate
• Estate-administration

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Andersson v. Khan et al

Court

Supreme Court of British Columbia

The court found neither the 1993 Pakistan will nor the 1982 will of Dr. Khan valid, declared him intestate, and dismissed the plaintiff’s renovation claim.

• Validity of will
• Revocation and presumption of revocation
• Testamentary capacity
• Suspicious circumstances doctrine
• Intestacy distribution
• Costs

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Denoni v. Denoni

Court

Supreme Court of British Columbia

In an intestacy dispute, the court held the estate owed no debt for a mortgage payment, and that $8,000 cash and a $875 union benefit were not estate assets.

• Intestacy distribution
• Constructive trust
• Unjust enrichment
• Death benefits
• Joint accounts
• Mortgage discharge

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Howell v. Estate of Howell

Court

British Columbia Court of Appeal

The Court of Appeal held that the will did not dispose of the residue, so an intestacy arose and the estate was to be distributed under s. 84.

• Will construction
• Presumption against intestacy
• Intestacy distribution
• Executor conduct
• Estate administration act s.84
• Will-construction

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