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Will declared valid and option to purchase home for zero-balance mortgage upheld based on testator's intention.
The applicants brought a motion challenging the validity of their mother's will and the interpretation of a clause granting one of the respondents the option to purchase the family home for the remaining mortgage amount.
The court found the will valid, as the testator had acknowledged her signature in the presence of two witnesses, satisfying the strict compliance requirements of the Succession Law Reform Act.
The court also applied the armchair rule to interpret the purchase option, concluding the testator intended for the respondent to have the option to acquire the home even though the mortgage balance was zero at the time of death.
The estate trustee was ordered to pass accounts.
La requête contestant la validité d'un testament est rejetée pour absence de médiation obligatoire.
The applicants sought an order invalidating a will, removing an executor, appointing a new trustee, and for an accounting of the estate.
The respondents raised a preliminary issue regarding mandatory mediation in estate litigation.
The court dismissed the applicants' motion, holding that mandatory mediation under Rule 75.1 of the Rules of Civil Procedure is required before a substantive hearing on the merits of the estate dispute can proceed.
The court emphasized the utility of mediation in identifying and resolving issues.
