The testator left his wife of 43 years only a life estate in the matrimonial home and the benefit of a discretionary trust, leaving the bulk of the estate to one of his two sons.
The wife and the disinherited son claimed against the estate under the Wills Variation Act.
The Supreme Court of Canada allowed the wife's appeal, holding that the Act requires a court to consider both the legal and moral obligations of the testator.
The Court awarded the wife title to the matrimonial home, a life interest in a rental property, and the residue of the estate, finding that her legal and moral claims took precedence over the moral claims of the independent adult sons.
