What is the effect of a judge’s ruling on the distribution of funds in a will?
Saskatchewan, Canada
The following excerpt is from Winn Estate (Re), 1967 CanLII 357 (SK QB):
The learned judge said at p. 830: “In my view this makes it apparent that the testator intended the whole of the corpus of his estate to be preserved intact during the lifetime of his daughter subject to the payments which the trustees were authorized to make. It seems to me that the result of applying the rule in Bullock v. Dowries to this will is to ignore the carefully drawn provisions setting up this trust * * *.”
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