N. Milton

The 94-year-old applicant, former spouse of the deceased, sought dependant support from his estate under the Succession Law Reform Act.

Despite a 1994 divorce judgment and minutes of settlement containing a full release, the deceased had been paying the applicant monthly spousal support until his death.

The court found it had jurisdiction to order support under s. 63(4) of the SLRA.

Concluding that the deceased failed to make adequate provision for the applicant and owed her a moral duty, the court ordered the estate to pay $3,400 per month in support for the remainder of her life.

The applicants, who are the sole beneficiaries of the deceased's estate, brought a motion to pass over the respondent, the named estate trustee, and to be appointed as estate trustees themselves.

The respondent had refused to honour a holograph codicil and exhibited hostility toward the applicants.

The court found that the respondent's conduct and misunderstanding of the law regarding holograph codicils demonstrated she was not the proper party to serve as estate trustee.

The court passed over the respondent, appointed the applicants as estate trustees, and dispensed with the requirement for them to post a bond.