Lange Estate, Re, 1999 SKQB 171

• Judge: Krueger, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: November 03, 1999
• Jurisdiction: Saskatchewan
• Citations: 1999 SKQB 171;(1999), 191 Sask.R. 156 (QB)

Lange Estate, Re (1999), 191 Sask.R. 156 (QB)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.020

In The Matter Of the Estate of Raymond Karl Lange

(1999 SUR 90; 1999 SKQB 171)

Indexed As: Lange Estate, Re

Saskatchewan Court of Queen's Bench

Judicial Centre of Swift Current

Krueger, J.

November 3, 1999.

Summary:

Lange, a bachelor (the testator), died leav­ing a will in which he named his brother as sole executor and beneficiary of his estate. The brother predeceased the testator leaving a common law spouse. An issue arose as to whether the common law spouse was entitled to share in the testator's estate under s. 22 of the Wills Act.

The Saskatchewan Court of Queen's Bench held that the common law wife was not a person entitled to share in the testator's estate under s. 22.

Wills - Topic 4068

Failure of gifts - Lapse - Death of legatee -Statutory regulation - Lange, a bachelor (the testator), died leaving a will in which he named his brother as sole executor and beneficiary of his estate - The brother predeceased the testator leaving a common law spouse - An issue arose as to whether the common law spouse was entitled to share in the testator's estate under s. 22 of the Wills Act - The Saskatchewan Court of Queen's Bench held that the common law spouse was not entitled to share in the testator's estate under s. 22 - The court held that the meaning of "spouse" in the Wills Act was limited to married persons and therefore a common law spouse was not a "spouse" within the meaning of the Act - The court opined, however, that the common law spouse, possibly had status to challenge the constitutionality of the legis­lation, but that matter was not before the court.

Wills - Topic 7016

Construction - Persons entitled to take - Interpretation of particular words or phrases - "Spouse" - [see Wills - Topic 4068 ].

Words and Phrases

Spouse - The Saskatchewan Court of Queen's Bench held that the word "spouse" in s. 22 of the Wills Act, S.S. 1996, c. W-14.1, did not include a common law spouse - See paragraphs 1 to 10.

Cases Noticed:

Winik v. Wilson Estate (1999), 181 Sask.R. 111 (Q.B.), refd to. [para. 9].

Statutes Noticed:

Wills Act, S.S. 1996, c. W-14.1, sect. 5, sect. 13(2), sect. 17, sect. 19 [para. 7]; sect. 22(1) [para. 4].

Counsel:

James Benison, for the applicant, adminis­trator;

No one appearing contra.

This application was heard before Krueger, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Swift Current, who delivered the following decision on Novem­ber 3, 1999.