Pouring Over Pour-Over Clauses: Vilenski Estate – The Deciding Vote?

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Case Summary: Vilenski v. Weinrib-Wolfman (2022 ONSC 2116)

Court: Superior Court of Justice – Ontario

Date: April 6, 2022

Case File No.: 21-672440-00ES

Background: In the case of Vilenski v. Weinrib-Wolfman, the Superior Court of Justice in Ontario was called upon to face an intricate matter involving the estate of the late Lynda Weinrib and the validity of various components of her testamentary documents. The court’s decision, rendered on April 6, 2022, by Justice Kimmel, provides a nuanced analysis of estate law, particularly concerning the contentious “Pour Over Clause” in the deceased’s Will.

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Pouring over Pour-Over Clauses: MacCallum Estate

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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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Pouring over Pour-Over Clauses – Waslenchuk Estate

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Case Summary: Waslenchuk Estate, 2020 BCSC 1929

Court: Supreme Court of British Columbia

Date: December 8, 2020

Citation: Waslenchuk Estate, 2020 BCSC 1929

Background: Janet Letourneau, the executor of the Will of Lorraine Rose Waslenchuk, brought an application seeking directions regarding the distribution of the estate. Lorraine Rose Waslenchuk executed her Will in Connecticut on November 27, 2013, and passed away in Vancouver on August 2, 2016. Her husband, Dennis Waslenchuk, predeceased her in 2015. The Waslenchuks, who had no children, lived in the United States from 1975 until 2014, when they returned to British Columbia due to Dennis’s health issues.

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Pouring over Pour-Over Clauses – Quinn Estate

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Case Summary: Quinn Estate v. Rydland, 2019 BCCA 91

Court: Court of Appeal for British Columbia

Date: March 14, 2019

Citation: Quinn Estate v. Rydland, 2019 BCCA 91

Background: The appeal in Quinn Estate v. Rydland centers around the validity of a “pour-over” clause in the Will of the late John Brian Patrick Quinn. The clause in question directed the residue of Mr. Quinn’s estate into an inter vivos trust known as the Quinn Family Trust (QFT), which was both amendable and revocable. The appellant, Valerie Quinn Rydland, challenged the invalidation of this clause at trial, contending that it should be upheld under the doctrines of incorporation by reference and facts of independent significance, or alternatively, through the curative provision of section 58 of the Wills Estates and Succession Act (WESA).

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Executor Powers of Attorney

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Executor Powers of Attorney – The Executor’s Little Helper

Navigating the labyrinth of estate administration can feel like a daunting journey through uncharted territory, particularly given the onerous powers and duties that come with the fiduciary role of an executor and estate trustee. Powers of attorney are usually thought of as belonging exclusively to the realm of estate planning, or commercial transactions, but a limited form of powers of attorney for property (where the law permits it a given jurisdiction such as Ontario) can provide assistance to belaboured executors and estate trustees (hereafter “executors”).

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