Bruce Estate, Re, 2013 ABQB 739

• Judge: Poelman, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 05, 2013
• Citations: 2013 ABQB 739;(2013), 579 A.R. 10 (QB)

Bruce Estate, Re (2013), 579 A.R. 10 (QB)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. JA.049

Estate Name: Robert Samuel Bruce

The Personal Representatives of the Estate of Robert Samuel Bruce, William E. Bruce and John C. Eadie (applicant/plaintiff) v. Marjorie Lynne Goode (respondent/defendant)

(ES01 108801; 2013 ABQB 739)

Indexed As: Bruce Estate, Re

Alberta Court of Queen's Bench

Judicial District of Calgary

Poelman, J.

December 13, 2013.

Summary:

At issue in this application was the interpretation of particular provisions of Bruce's will.

The Alberta Court of Queen's Bench determined the issues.

Wills - Topic 5004

Construction - General - Construction of words in context of whole will - Bruce remained married to his wife at his death in July 2010, and had four children - However, he began living with Goode in or shortly after 1988, and remained in that relationship at his death - Bruce owned and operated a large farm, including a large amount of rural land and a sizeable herd of cattle - At his death, he owned 33 quarter sections of land and about 600 cattle - In March 2002, Bruce and Goode entered into a "Cohabitation Agreement" - At that time, Bruce owned nine quarter sections of land - Goode also owned two quarter sections of land, her family being farmers in the same general area - Among other things, the Cohabitation Agreement stated that if Bruce predeceased Goode, Goode would be entitled to a life interest in his nine quarter sections and would be given $100,000 - At issue in this application was the interpretation of paragraph 5(e)(ii) of Bruce's will, which provided the specific bequest "of $700,000.00 to MARJORIE LYNN GOODE immediately if the farm lands are sold or at the time of sale if the farm land sells at a later date." - At issue was whether the bequest of $700,000 in favour of Goode should be paid only if farm lands in which she was given an interest for life were sold, and then only from the proceeds of their sale; or whether the bequest was conditional on, and would be funded by, the sale of lands forming part of the residue of the estate - The Alberta Court of Queen's Bench held that paragraph 5(e)(ii) should be interpreted as though it read "to pay and transfer the amount of $700,000 to Marjorie Lynn Goode immediately if the Residue Lands are sold or at the time of sale if the Residue Lands sell at a later date." - The structure of the will favoured this interpretation - The will, Cohabitation Agreement and other circumstances showed that Bruce intended to honour the Cohabitation Agreement but also make a more generous provision for Goode.

Wills - Topic 5183

Construction - General - Evidence and proof - Intention of testator - [See Wills - Topic 5004 ].

Wills - Topic 8546

Evidence and proof - Extrinsic evidence - Of intention of testator - [See Wills - Topic 5004 ].

Wills - Topic 8550

Evidence and proof - Extrinsic evidence - Of surrounding circumstances to interpret will - [See Wills - Topic 5004 ].

Cases Noticed:

Lecky Estate, Re (2011), 530 A.R. 286; 2011 ABQB 802, refd to. [para. 10].

Daniels v. Daniels Estate (1991), 120 A.R. 17; 8 W.A.C. 17 (C.A.), leave to appeal refused (1992), 139 N.R. 391; 90 D.L.R.(4th) viii (S.C.C.), refd to. [para. 10].

Starosielski v. Starosielski Estate et al. (1998), 238 A.R. 112; 1998 ABQB 651, refd to. [para. 10].

Allan Estate, Re (1994), 161 A.R. 292 (Surr. Ct.), refd to. [para. 10].

Haidl et al. v. Sacher et al. (1980), 2 Sask.R. 93 (C.A.), refd to. [para. 11].

Decore Estate, Re, [2009] A.R. Uned. 507; 2009 ABQB 440, refd to. [para. 11].

Authors and Works Noticed:

Oosterhoff, A.H., Oosterhoff on Wills and Succession: Text, Commentary and Cases (6th Ed. 2007), p. 523 [para. 37].

Counsel:

James G. Shea (Shea Nerland Calnan LLP), for the applicants, William E. Bruce and John C. Eadie;

Nancy L. Golding, Q.C. (Borden Ladner Gervais, LLP), for the respondent, Marjorie Lynne Goode.

This application was heard on November 5, 2013, by Poelman, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following reasons for judgment on December 13, 2013.