The appellant, the only son of the deceased, appealed an order by the application judge that the deceased did not create a life interest in the family home in his favour.
The deceased's will expressed a wish that the son use the family home as his home "for as long as he wishes," but also provided that the home be transferred to his three children jointly.
The appellant lived in the home but failed to maintain it, resulting in disrepair and tax arrears.
The application judge concluded that the deceased did not intend to create a life interest and ordered the home sold.
The Court of Appeal found no palpable and overriding error and dismissed the appeal.