The estate trustees appealed a decision finding the deceased's grandson to be a dependant and ordering the transfer of the deceased's home to him as support.
The Divisional Court upheld the finding of dependency, noting the deceased provided shelter, moral guidance, and some financial support to the vulnerable grandson.
However, the court allowed the appeal on the issue of remedy, finding the application judge failed to consider the deceased's testamentary intentions regarding the family home.
Instead of transferring the property, the court ordered a monetary award of $152,000 to be paid from the estate.
