The deceased died intestate, leaving his $300,000 life insurance policy to his current wife.
His ex-wife, acting personally and as estate trustee, applied under the Succession Law Reform Act to claw back the policy to support herself and their two children.
The court found the children had a strong legal and moral claim due to outstanding child support and post-secondary expenses, while the ex-wife's claim was weak as she had received a lump sum prior to death and was self-sufficient.
The current wife also had a strong claim as a dependent spouse.
Balancing the claims, the court ordered $250,000 of the policy clawed back for the children's support, with the remaining $50,000 to the current wife.
