Foulon v. Foulon Estate, (1981) 29 A.R. 120 (QB)

• Judge: Kryczka, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 07, 1981
• Citations: (1981), 29 A.R. 120 (QB)

Foulon v. Foulon Estate (1981), 29 A.R. 120 (QB)

MLB headnote and full text

Foulon v. Foulon's Estate

(No. 80-02-00233)

Indexed As: Foulon v. Foulon Estate

Alberta Court of Queen's Bench

Judicial District of Drumheller

Kryczka, J.

May 7, 1981.

Summary:

A wife brought an application under the Family Relief Act for an order that the deceased failed to make adequate provision for her proper maintenance and support and for an order to determine that maintenance.

The Alberta Court of Queen's Bench held that in the circumstances the testator made adequate provision for the wife's maintenance and support and dismissed the application.

Family Law - Topic 6604

Dependent's relief legislation - General principles - What constitutes proper maintenance and support - A husband died leaving an estate valued at $197,324.20 - The wife received assets valued at $228,700.00 as a result of her husband's death and inter vivos gifts - The wife received a monthly income of $1,810.00, comprised of interest on the estate residue (requiring some encroachment on principal) which was payable under the will until the wife's death or remarriage, and rental income - The Alberta Court of Queen's Bench held that the husband made adequate provisions for the wife - See paragraphs 3 to 30.

Family Law - Topic 6680

Dependent's relief legislation - Considerations respecting awards - General - The Alberta Court of Queen's Bench dismissed a wife's application for an order determining proper maintenance and support - The court considered the wife's age, the duration of the marriage, the absence of the wife's contribution to the estate, the husband's attempts to provide for the wife's financial security, other claims on the estate, and close family ties - See paragraphs 29 and 30.

Cases Noticed:

Re Lawther, [1947] 1 W.W.R. 577, refd to. [para. 26].

Re Gray Estate, [1950] 2 W.W.R. 854, refd to. [para. 26].

Re Willan Estate, 4 W.W.R.(N.S.) 114, refd to. [para. 26].

Nickle v. Jones, [1974] 3 W.W.R. 385, refd to. [para. 26].

Biblow v. Royal Trust Company et al. (1977), 3 A.R. 203, refd to. [paras. 26, 28].

Walker v. McDermott, [1931] 1 D.L.R. 662, consd. [para. 27].

Statutes Noticed:

Family Relief Act, R.S.A. 1970, c. 134.

Counsel:

Robert Ross, Q.C., for the applicant;

Alan D. Hunter, for the Residual Beneficiary, Albert Foulon.

This case was heard before KRYCZKA, J., of the Alberta Court of Queen's Bench, Judicial District of Drumheller.

The judgment of KRYCZKA, J., was delivered on May 7, 1981.