What is the test for a claim for a constructive trust interest in a deceased's estate?
British Columbia, Canada
The following excerpt is from Verbeke v. Estate of Harold Hirst et al, 2000 BCSC 1387 (CanLII):
The claim for an interest in the estate by way of constructive trust depends on whether the plaintiff has established the three elements of unjust enrichment set out in Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834: (a) an enrichment; (b) a corresponding deprivation; and (c) the absence of any juristic reason for the enrichment.
It is clear that the contribution of domestic service and health care at the expense of a career and employment income can form the basis of unjust enrichment and found a claim in constructive trust: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980. As McLachlin J. (now C.J.C.) recognized, these services are of great value to the family economy.
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