How is a joint will divided when one of the two spouses dies?
British Columbia, Canada
The following excerpt is from University of Manitoba v. Sanderson Estate, 1998 CanLII 4328 (BC CA):
55. In Pratt v. Johnson, supra, at 104-105, a husband and wife made a joint will which contained these provisions: We desire that all property real and personal of which we may die possessed at the time of the decease of either of us shall be held by the survivor during his or her life to use as such survivor may see fit. Upon the decease of the survivor it is our desire that our property both real and personal shall be divided as follows:─ To [five named beneficiaries] equally amongst them share and share alike.
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