Pouring over Pour-Over Clauses: MacCallum Estate

Case Summary: The Estate of Helen F. MacCallum

Court: Probate Court of Nova Scotia

Date: February 2, 2022

Citation: MacCallum Estate, 2022 NSSC 34

Background: The case involves the interpretation of a provision in the Will of Helen F. MacCallum, specifically clause 3(d), which directs the residue of her estate to be paid to the trustee of the Helen MacCallum Alter Ego Trust (the “Trust”) – a pour-over clause. The executor, Royal Trust Corporation of Canada, sought the court’s guidance on whether this clause is legally effective or if it results in a partial intestacy.

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