What is the test for making advances to certain beneficiaries prior to the payment or transfer dates set out in the Testator's last will and testament?
New Brunswick, Canada
The following excerpt is from Rogers Estate (Re), 2006 NBQB 423 (CanLII):
The Executrix of an Estate seeks an order that she be permitted to make advances to certain beneficiaries prior to the payment or transfer dates set forth in the Testator's Last Will and Testament. This application involves the doctrine of repugnancy which is also referred to as the rule in Saunders v. Vautier. Overview
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