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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