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.
