What is the test for obtaining a share of a contingent interest in the estate of a deceased spouse?
Saskatchewan, Canada
The following excerpt is from Grosse v Grosse, 2012 SKQB 464 (CanLII):
I have also considered Horne v. Horne, 2011 ABCA 116, 98 R.F.L. (6th) 259. There, upon marriage the wife owned a contingent interest in her father’s estate. That asset substantially increased in value during the marriage but had not crystallized by the time of trial. The trial judge declined to provide the husband with a share of that contingent asset. His appeal was dismissed. Two matters of note arise.
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