The applicants, estate and disability trustees, sought the court's assistance in interpreting a will.
The will created a disability trust for the testator's daughter, with the remainder to be divided among three beneficiaries upon her death.
One beneficiary survived the testator but predeceased the daughter, and the will was silent on this scenario.
Applying the armchair rule, the court interpreted the will to mean the deceased beneficiary's share passed to his issue.
The court also permitted the application to proceed without a representative for the deceased beneficiary's insolvent estate and allowed the minor issue's share to be paid into court.
