What is the test for the testator's right heirs in his will?
Ontario, Canada
The following excerpt is from Thompson v. Smith, 1896 CanLII 30 (ON CA):
It very fully reviews the law, considering that the decision of the Lords in Bullock v. Downes, 9 H.L.C. 1, in 1860, had fully settled the principle that “my right heirs” must mean the heirs at the time of the testator’s death, unless a contrary view was apparent on the will, and that the fact of a full provision being made in the will for the person answering the description of heir at his death, made no difference.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property? (Ontario, Canada)
What is the testator’s right heirs? (Ontario, Canada)
When is a purchaser's right to remove timber from a building if the purchaser has a right to enter and remove the timber? (Ontario, Canada)
Does Henwood have a right to assert his right to possession? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
What is the testator's position when it comes to the distribution of a testator’s shares in a will? (Ontario, Canada)
Can an accused waive his or her rights under s. 11(b) of the Canadian Human Rights Code? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
Can an individual whose rights under the Criminal Code have not been infringed bring an application to the Human Rights Tribunal? (Ontario, Canada)
Can a person who is a beneficiary of a will who is not a testator be heard to allege that he has no title or any greater title than that of the testator? (Ontario, Canada)
