The appellant appealed a decision appointing the deceased's spouse and another individual as estate trustees.
The Divisional Court held that under s. 6(8) of the Family Law Act, a surviving spouse who elects to take their share under the Act rather than the will cannot act as an executor, as the will is interpreted as if they had predeceased the testator.
Furthermore, due to conflict between the parties, the court found it preferable to appoint an independent executor.
The appeal was allowed and the judgment varied to appoint an independent estate trustee.
