The applicant, widow of the deceased, sought interpretation of an ambiguous will and also advanced alternative claims for equalization, dependent's relief, and constructive trust.
The respondents, children of the deceased, brought a motion for document production and opposed the applicant's motion to separate the will interpretation from the alternative claims.
The court found the applicant's joinder of civil and family law claims procedurally incorrect.
The court ordered the severance of the family law claims (equalization, unjust enrichment, support) and their transfer to Family Court, with a stay.
The will interpretation, rectification, or invalidity issues will continue as an application under the Rules of Civil Procedure.
The respondents' production motion was dismissed as premature.
