This application concerned the interpretation of Eleanor Martha Devonport's will regarding a residential property gifted to her son, Peter, who predeceased her.
The applicant, Peter's spouse and estate trustee, argued the property passed to her via the anti-lapse provision (s. 31) of the Succession Law Reform Act.
The respondent, Eleanor's surviving child and estate trustee, contended Eleanor's will expressed a contrary intention, causing the gift to lapse into the residue of the estate.
The court found no contrary intention in the will to oust the anti-lapse provision, ruling the property passed to the applicant.
The court also dismissed the respondent's unjust enrichment claim and ordered the respondent to account for dealings with the property and pay occupation rent to the applicant.
