Does the doctrine of satisfaction apply and the devise will be in total satisfaction of the debt?

Alberta, Canada


The following excerpt is from Starosielski v. Starosielski, 1998 ABQB 651 (CanLII):

Further, it is argued that if the Parents can be seen as creditors, then the doctrine of satisfaction may apply and the devise will be in total satisfaction of the debt: A testator, being at the time of the making of his will indebted, leaves to his creditor a legacy of a sum equal to or greater than the debt, the legacy is presumed to be a satisfaction of the debt, and the creditor cannot have both his debt and the legacy . . . but this is a presumption which is not favoured by the court, and it will be rebutted by slight circumstances, whether appearing in the will or incident to the nature of the debt and of the legacy, which suggests that the testator did not intend the legacy to operate as a satisfaction. (Sparrow v. Royal Trust Co., [1932] 1 W.W.R. 379) Conclusion

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