Pauliuk v. Pauliuk Estate, (1986) 73 A.R. 314 (QB)

• Judge: Marshall, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 23, 1986
• Citations: (1986), 73 A.R. 314 (QB)

Pauliuk v. Pauliuk Estate (1986), 73 A.R. 314 (QB)

MLB headnote and full text

Michael Richard Pauliuk and Teslynn Fay Pauliuk, Infants by their parent Sharon Doreen Pauliuk v. David A. Pauliuk and Ron Brownie, Executors of the Estate of Robert George Pauliuk

(No. 8603-09688)

Indexed As: Pauliuk v. Pauliuk Estate

Alberta Court of Queen's Bench

Judicial District of Edmonton

Marshall, J.

October 23, 1986.

Summary:

The deceased was married and divorced twice and living with a common-law wife at the time of his death. He bequeathed $1,000 to each if his six children (three from his first marriage, two from his second marriage and one illegitimate child). The children applied for relief under the Family Relief Act. The Alberta Court of Queen's Bench determined their entitlement accordingly.

Family Law - Topic 6680

Dependants' relief legislation - Awards - Considerations - General - The Alberta Court of Queen's Bench discussed several matters to be considered by the court in determining whether a testator has provided "proper maintenance and support" for his dependants - See paragraphs 15, 19.

Family Law - Topic 6706

Dependants' relief legislation - Awards - Lump sum payments - Children - A testator was married and divorced twice - He had three adult children from his first marriage, two infant children from his second marriage and one illegitimate child - He bequeathed each child $1,000 with the balance to his common law wife - His estate was valued at $61,000 - The children applied for relief under the Family Relief Act - The Alberta Court of Queen's Bench affirmed the $1,000 bequest to two of the adult children, but ordered that the estate pay $3,000 to the illegitimate child, $8,500 and $10,000 to the other infant children (one adult child was disqualified because he witnessed the will).

Wills - Topic 1083

Donees - Disqualification of - Where donee was witness to execution of will - The adult son of a testator was left one half of the testator's farm plus $1,000 in the testator's will - The Alberta Court of Queen's Bench held that the son was precluded from receiving the bequests, because the son witnessed the will (Wills Act (Alta.), s. 13(1)) - See paragraph 4.

Cases Noticed:

Re Lukac Estate (1963), 44 W.W.R.(N.S.) 582 (Alta. S.C.), refd to. [para. 11].

Dower v. Public Trustee et al. (1962), 38 W.W.R.(N.S.) 129 (Alta. S.C.), refd to. [para. 11].

Walker v. McDermott, [1931] S.C.R. 94, refd to. [para. 13].

Re Willian Estate (1951), 4 W.W.R.(N.S.) 114 (Alta. S.C.), refd to. [para. 15].

Biblow v. Royal Trust Company et al. (1977), 3 A.R. 203 (Alta. S.C.T.D.), refd to. [para. 16, 35].

Re Farrar; Farrar et al. v. Scammell et al. (1982), 11 E.T.R. 316 (Sask. Q.B.), refd to. [para. 17].

Hiebert and Hiebert v. Ward and Gardner (1980), 3 Sask.R. 255 (Sask. Q.B.), refd to. [para. 18].

Re Cameron; Simpson v. Montreal Trust Co. (1979), 4 E.T.R. 257 (Sask. Surr. Ct.), refd to. [para. 31].

Re Denton Estate, [1950] 2 W.W.R. 848 (Alta. S.C.T.D.), refd to. [para. 33].

Re Randle (1976), 1 Alta. L.R.(2d) 52, refd to. [para. 38].

Statutes Noticed:

Family Relief Act, R.S.A. 1980, sect. F-2.

Authors and Works Noticed:

Litwin, M.M., Commentary: Re Cameron; Simpson v. Montreal Trust (1979), 4 E.T.R. 257 [para. 31].

Counsel:

John S. Cumming (Beaumont Church), for the applicants;

Denise B. Harwardt (Harwardt & MacPherson), for the respondents;

Elizabeth A. Rodger, for the Public Trustee;

Cheryl J. Matheson, for Lillian Heintz.

These applications were heard before Marshall, J., of the Alberta Court of Queen's Bench, who delivered the following decision on October 23, 1986: