The deceased died intestate, leaving a common-law spouse of over twenty years and an adult daughter from a previous relationship.
The spouse brought an application for dependant's relief under the Succession Law Reform Act, which was granted by the application judge who awarded the entirety of the estate to the spouse.
The daughter's estate appealed, arguing the application judge erred in his treatment of the daughter's residual legal entitlement, the moral duty owed to the grandchildren, and the paramountcy of the spouse's claim.
The Divisional Court dismissed the appeal, finding the application judge made no errors in principle, properly balanced the competing claims, and reasonably exercised his discretion in prioritizing the spouse's needs given the shortfall in the estate.
