Eric Linseman, the grandson of the deceased Raymond Edward Linseman, brought an application for dependant support from his grandfather's estate under the Succession Law Reform Act.
Eric, who had lived with his grandfather for many years due to his own challenges and his mother's inability to provide care, argued he was a dependant.
The estate trustees (Eric's mother and uncle) opposed, asserting Eric was not dependent and had received sufficient funds outside the will.
The court found a clear relationship of dependency, noting the grandfather's consistent support and the inadequacy of the existing trust fund for Eric's long-term needs.
The court also criticized the executors' conduct, including the wrongful transfer of estate property and destruction of documents.
The application for dependant support was granted, including the transfer of the deceased's property to Eric, but the claim for retroactive child support against Eric's mother was dismissed.
Costs were awarded to the applicant.
