The will awards family property to the person who moved in to care for testator's sibling
The Supreme Court of Newfoundland and Labrador ruled that a holographic will is valid, confirming that a specific property goes to the person who cared for the testator's dependent family member.
The court’s decision in Tucker v. Tucker, 2024 NLSC 80 clarified the interpretation of the will and resolved a long-standing family dispute over the inheritance.
The testator passed away in September 2010, leaving a handwritten will dated just days before their death. The will stipulated that the family property would go to a family member who moved in to care for a dependent sibling. The will was admitted to probate in December 2020, leading to a dispute among the testator's children regarding who should inherit the property and take responsibility for the sibling's care
The Supreme Court found that the designated family member did meet the condition by moving into the family home and caring for the sibling immediately after the testator’s death. Although another family member later moved in and assumed the caregiving role, the court ruled that the initial caretaker's fulfilment of the condition vested the property in their favour.
The will specifically requested that one family member move in to care for the dependent sibling, stating, "If you will come and stay with him and take care of him, you will own the house and all the land and what’s on it." The court determined that this condition had indeed been met when the designated family member moved in and cared for the sibling after the testator's death.
The dispute arose when another family member, who had moved into the house a month later and cared for the sibling for several years, claimed the inheritance based on the care provided. However, the court found that the initial caretaker had already satisfied the will's condition and that their vested interest in the property could not be overridden by subsequent events
The court also addressed procedural fairness, noting the complex family dynamics and the deteriorating condition of the property, which had faced potential sale due to unpaid taxes. The ruling emphasized the need to respect the testator's expressed intentions and upheld the legal validity of the conditional inheritance specified in the holograph will.
