What is the qualification of benefit to the estate?
Saskatchewan, Canada
The following excerpt is from Nichol v. Pettycrew, 1969 CanLII 555 (SK QB):
This qualification of “benefit to the estate” seems to have been first stated in Morgan v. Thomas and the doctrine of relation back when quoted thereafter by text writers or in courts has included this qualification.
"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
What is the test for a purchaser to buy a real estate agent's real estate? (Saskatchewan, Canada)
Does a clause in a will which states that the real estate and personal estates of the deceased bequeathed to the executors of his will constitute a general fund for his funeral and testamentary expenses and debts? (Saskatchewan, Canada)
Is there a juridical basis for a claim against the Respondent in the Superior Court of Justice for the loss of benefits received by the respondent and subsequently her estate? (Saskatchewan, Canada)
Does a deceased's inability to confer pecuniary benefit prior to his death preclude a beneficiary from recovering the benefit? (Saskatchewan, Canada)
Can a legatee or personal representative of a deceased's estate collect the balance of his distributive share of the deceased’s estate? (Saskatchewan, Canada)
Is estate duty charged on real estate not a "testamentary expense" for the executors? (Saskatchewan, Canada)
What is the difference between a testator's directions for conversion of real estate and personal estates? (Saskatchewan, Canada)
Is there a conversion in the terms of the will of a testator to a personal estate where the proceeds of the real estate are transferred to the residuary legatees? (Saskatchewan, Canada)
In what circumstances will a vendor's relation with the purchaser of an estate under a contract be considered to be that of a trustee and cestui que trust? (Saskatchewan, Canada)
How have courts interpreted a caveat in a real estate transaction? (Saskatchewan, Canada)
