Olsen v. Olsen Estate and Herbach, (1990) 88 Sask.R. 251 (QB)

• Judge: Armstrong, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 17, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 88 Sask.R. 251 (QB)

Olsen v. Olsen Estate (1990), 88 Sask.R. 251 (QB)

MLB headnote and full text

Lois Mae Olsen (plaintiff) v. Lois Mae Olsen, as Administratrix of the Estate of Gerald Mathias Olsen and Gail Herbach (defendants)

(No. 00403 A.D. 1990)

Indexed As: Olsen v. Olsen Estate and Herbach

Saskatchewan Court of Queen's Bench

Judicial Centre of Kerrobert

Armstrong, J.

December 17, 1990.

Summary:

A special case was brought under rule 263 to determine to whom the proceeds of life insurance should be paid. The claimants were the deceased's widow and the designated beneficiary of the proceeds.

The Saskatchewan Court of Queen's Bench held that the beneficiary was entitled to the proceeds.

Family Law - Topic 880.35

Husband and wife - Marital property - Distribution orders - Insurance - Life insurance - A wife applied for a division of matrimonial property - The Saskatchewan Court of Queen's Bench held that a life insurance policy purchased by the husband on his own life (of whom the wife was named beneficiary), was matrimonial property; the proceeds were not, since they did not exist at the time of the application (not being payable until the husband's death) - The court held that the wife's right to the proceeds was conditional; since the husband changed the beneficiary after the wife's application and prior to his death, the wife lost all right to the proceeds - See paragraphs 3 to 14.

Cases Noticed:

Jennings v. Jennings (1986), 77 N.B.R.(2d) 181; 195 A.P.R. 181; 30 C.C.L.I. 161 (N.B.C.A.), not appld. [para. 13].

Jennings v. Jennings (1988), 87 N.B.R.(2d) 436; 221 A.P.R. 436; 5 R.F.L.(3d) 231, not appld. [para. 13].

Statutes Noticed:

Insurance Act - see Saskatchewan Insurance Act.

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 2(h) [para. 4]; sect. 18(2), sect. 28 [para. 8]; sect. 30, sect. 31 [para. 11]; sect. 43 [paras. 7, 9-10, 13]; sect. 50 [para. 8]; sect. 158(1) [paras. 8, 10, 11].

Saskatchewan Insurance Act, R.S.S. 1978, c. S-26, sect. 152(1) [para. 6].

Counsel:

L.K. Neil, for the plaintiff;

L.R. Jones, for the defendant, Gail Herbach;

No one appearing for the defendant Administratix.

This case was heard before Armstrong, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Kerrobert, whose decision was delivered on December 17, 1990.