The surviving spouse brought an application for directions regarding the administration of an estate after the deceased died intestate following a marriage that revoked a prior will.
The respondents, the deceased’s mother and brothers, argued that a pre‑marital agreement waived the spouse’s entitlement to the matrimonial home and that the property should pass to the deceased’s surviving parent under the Succession Law Reform Act.
The court held that the agreement contained no direct and cogent language relinquishing the spouse’s rights on intestacy under the Succession Law Reform Act.
The provisions relied upon addressed separation or divorce rather than death and therefore did not constitute a waiver of inheritance rights.
The court appointed the surviving spouse as estate trustee without a will and declared her the sole beneficiary of the estate.
