2009 B.C.C.A. 393
The testator made token bequests to 2 children and substantial bequests to 2 children in her will. There was also a joint term deposit favouring one child who received a minor bequest. The testator also secretly held 3 GICs jointly with 3 of her 4 children. The will was executed October 5, 2000 and she died April 29, 2004. The testator wrote in her will she’d not had much contact with 2 of the children for some years and a personal letter.
The Court of Appeal overturned the trial judge’s finding that the GICs were held on resulting trust and held they were gifts.
Gifts made during the testator’s lifetime may discharge or deplete the moral duty owed.