Jason C. Martin

The applicant sought directions regarding a holograph will discovered after obtaining a Certificate of Appointment of Estate Trustee without a Will.

The court validated the holograph will dated July 11, 2000, found certain revisions invalid except for the obliteration of one beneficiary, appointed the applicant as Estate Trustee with a Will, and provided detailed directions regarding the distribution of the estate among beneficiaries, including addressing the pre-deceased beneficiaries and the interpretation of ambiguous provisions.

The court awarded costs to the applicant and certain respondents.

The applicant, common-law spouse of the deceased, sought an additional $1 million from the estate based on an alleged secret trust and an order for dependant support under the Succession Law Reform Act (SLRA).

The applicant had already received $1 million from the will and cohabitation agreement.

The court dismissed the secret trust claim, finding no clear intention, communication, or acceptance of a trust beyond the existing testamentary provisions.

The dependant support claim was also dismissed, as the court found the deceased had made adequate provision for the applicant, considering her financial independence under the cohabitation agreement, the deceased's lifetime support, and the applicant's current assets, including an imputed $250,000 gift she made to her daughter.