Elizabeth A. Papp

The applicant, the deceased's daughter, sought directions under r. 75.06 of the Rules of Civil Procedure regarding the validity of her late father's 2024 will, which revoked a 2020 will and left virtually the entire estate to the respondent, his wife of fifteen years.

The applicant alleged lack of testamentary capacity due to serious health conditions and opioid medications, suspicious circumstances surrounding the will's preparation by a lay friend rather than a lawyer, and undue influence by the respondent.

The court applied the minimal evidentiary threshold from Neuberger Estate v. York and found that multiple witnesses confirmed the deceased was alert, coherent, and understood the contents of the will when he signed it.

The respondent successfully answered the allegations of suspicious circumstances and undue influence.

The application was dismissed.

This endorsement addresses the allocation of costs following a dispute over jointly held bank accounts between the estate trustees of Christine Black and her brother, Bruce Albert Chamberlain.

The court found that the respondent failed to rebut the presumption of resulting trust and that the accounts formed part of the estate.

The applicants sought full indemnity costs, while the respondent argued that all costs should be paid from the estate.

The court awarded the applicants partial indemnity costs, payable personally by the respondent, and declined to order any costs payable from the estate.

The court determined whether certain joint accounts held by the deceased, Christine Black, and her brother, Bruce Albert Chamberlain, were assets of the estate or a gift to Bruce.

The court found that Bruce failed to rebut the presumption of resulting trust and did not establish that the joint accounts were a valid gift.

The funds in the joint accounts were therefore declared assets of the estate for distribution to the residual beneficiaries.

The decision reviews the evidence, the parties' positions, and the applicable legal principles, including the need for corroboration under the Evidence Act and the requirements for establishing a gift of joint account funds.

This decision addresses costs following a successful application where the proceeds of a joint bank account, held by the deceased and his daughter Nicole Rocheleau, were declared an asset of the estate rather than a personal gift to Nicole.

Nicole, an estate trustee, sought her costs from the estate, arguing the litigation arose from the testator's actions.

The court denied Nicole's request for costs from the estate, finding she acted in her self-interest and not for the benefit of the estate.

The court awarded partial indemnity costs to the applicant, payable personally by Nicole, due to Nicole's unreasonable conduct during the litigation and her pursuit of a personal benefit.

The applicant sought a determination regarding the proceeds of a joint bank account formerly held by the deceased, Louis Rocheleau, and his daughter, Nicole Rocheleau.

The court found that the presumption of a resulting trust in favour of the estate was not rebutted by Nicole Rocheleau.

She failed to establish that the proceeds or the beneficial right of survivorship were the subject of a valid and completed inter vivos gift, specifically lacking proof of donative intent, acceptance of the gift prior to the donor's death, and the donor's capacity to gift Rachel Rocheleau's interest.

Consequently, the funds in the joint account were deemed an asset of Louis Rocheleau's estate.