The appellants appealed a trial decision finding that a $1 million life insurance policy was part of the deceased's estate and available for dependant support claims under the Succession Law Reform Act (SLRA).
The deceased had been ordered on consent to maintain his former spouse as the irrevocable beneficiary of the policy.
The Divisional Court dismissed the appeal, holding that the deceased still 'owned' the policy under s. 72(1)(f) of the SLRA despite the irrevocable designation.
The Court further held that the former spouse did not have 'creditor rights' under s. 72(7) because the designation did not create a security interest, and she was not entitled to damages for breach of contract.
