Is the estate big enough to satisfy all the claims?

  • Legal claims will be satisfied first, with moral claims second, if the estate is big enough
  • Whether the estate is big enough depends on the claims being made, and the circumstances of the claimants.

In Gray v. Gray the estate was close to $750,000.  The battle was between four adult, independent children who all had moral rather than legal claims to the estate.  Three children were given $10,000 each, and the balance went to the fourth child.  He argued that the estate was not big enough to satisfy all of the moral claims of the children.  The court disagreed.  None of the children were wealthy and a share of the estate could make a real difference in each of their lives.

In Gray v. Nantel the estate was only $93,000 but the Court of Appeal did not hesitate to divide up the estate among four children.

Each case is unique, but we can provide answers for BC estate problems.  Contact us.

Read the cases:  Gray v. Gray

                            Gray v. Nantel

 

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