The applicant, Heather Ann Hugginson, sought a declaration that a $400,000 inter vivos gift allegedly given by the deceased, Glenn Poole, to the respondent, Sandra Hugginson, was invalid and that the funds should be returned to the estate.
The court found that Sandra failed to prove Glenn’s specific intent to make the gift or that he delivered the gift before his death.
The court also rejected the argument that the gift was perfected when Sandra became estate trustee, finding the rule in Strong v. Bird did not apply.
The application was granted and Sandra was ordered to return the $400,000 to the estate.