The applicant, the common-law spouse of the deceased, sought dependant's relief from his estate.
The deceased's two sons also brought claims asserting ownership over two properties, arguing they were not estate assets.
The court found that one property was held in trust for one son and was not an estate asset, while the other property belonged to the estate as the other son failed to establish a constructive trust, resulting trust, or valid gift.
Regarding dependant's relief, the court applied the four-part test under the Succession Law Reform Act, balancing the applicant's needs against the beneficiaries' interests.
The court ordered a lump sum for past support and ongoing monthly support to be funded by an annuity with a reversionary interest to the estate.
