WILLS - Testator’s intention to be given effect - Gifts - Failure of - Lapse

Law360 Canada ( December 17, 2024, 11:16 AM EST) -- Appeal by Schneider from special chambers judge's interpretation of her mother’s will, Dorothy Maruzs (Dorothy) and determining that Logan Maruzs (Logan) and Ericka Anderson (Ericka), children of Schneider’s deceased brother Vincent Maruzs (Vincent), would inherit six quarter sections of farmland; applications to admit new evidence. Dorothy had three daughters, one of whom was Schneider and a son, Vincent. In 2015, Dorothy executed a freehold transfer of land and a Declaration of Trust, whereby Vincent acknowledged holding his interest in trust for Dorothy. In 2016, Dorothy executed her last will, devising the farmland to Vincent. Vincent predeceased Dorothy in 2021, leaving two children, Logan and Ericka, and potentially a third child from a previous marriage. The primary issue was how to fill the gap or lapse in the will regarding the farmland's disposition given that Vincent predeceased Dorothy. Schneider applied to admit new evidence about Vincent's potential third child. On appeal, Schneider submitted that the chambers judge erred in the interpretation of the will as well as the interpretation of s. 32(1)(b) of the Wills and Succession Act (Act) and in deeming certain extrinsic evidence inadmissible....
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