The appellant appealed a decision including a jointly owned life insurance policy in the deceased's estate under s. 72(1)(f) of the Succession Law Reform Act.
The policy was purchased jointly by the deceased and his spouse to pay down their mortgage, with the survivor receiving the proceeds.
The Divisional Court allowed the appeal, holding that the mere fact of joint ownership of the policy was not enough to trigger s. 72(1)(f), and the policy should be excluded from the estate available for distribution to dependants.
A dissenting opinion would have dismissed the appeal, finding the policy fell within the specific provisions of the Act.
