The Estate of Psarros brought an action against Lorraine Cook, the deceased's wife, concerning the disposition of their matrimonial home and the validity of a marriage contract.
Prior to their marriage, Psarros and Cook purchased a house as tenants in common.
Their marriage contract mistakenly stated they owned the house as joint tenants and included a release of Cook's claims under the Succession Law Reform Act (SLRA).
After Psarros died intestate, the Estate sought to sell its half-interest in the property to Cook, who initially agreed but later challenged the property's ownership structure and the validity of her SLRA release due to the contract's mistake.
The court found that the mistake in the marriage contract did not constitute an appropriate basis to set aside Cook's SLRA release under s. 56(4) of the Family Law Act, as she had not been under the impression she owned the entire house and the error did not extend to the SLRA release.
The court also determined that while the Estate was entitled to occupation rent, it was wholly offset by Cook's payment of the Estate's share of expenses.
The action was allowed, binding Cook to purchase the Estate's interest in the property based on the marriage contract's terms.
