The estate trustee applied to resolve two questions arising from the deceased's Will.
The deceased had named his estranged spouse as the beneficiary of a Life Income Fund Account but later directed in his Will that the funds be used to pay estate debts.
The court found that the spouses were living separate and apart at the time of death, meaning the spouse was not automatically entitled to the funds under pension legislation.
The court also held that the Will effectively revoked the earlier beneficiary designation.
Finally, the court ordered the spouse to pay $2,160 to the Estate for occupational rent and expenses incurred after the 60-day rent-free period provided by the Family Law Act.
