In what circumstances will the court order distribution of a will on a per capita basis where no children have been named in the will?
British Columbia, Canada
The following excerpt is from Adams v. Laursen, 1998 CanLII 5883 (BC SC):
In Hamel Estate v. Hamel (1995), 9 E.T.R. (2d) 315 (B.C.S.C.) Mr. Justice Meiklem, in interpreting a will which contained words "for my issue alive at my death in equal shares per stirpes" concluded that no children had died at the date of the testator's death (as in the case at bar) allowing the court to order the distribution on a per capita basis which resulted in 51 members of the class receiving distribution.
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