不列顛哥倫比亞省最高法院被要求考慮一份遺囑的措辭，該遺囑設立了一個信託，以協助照顧和維護死者的狗。爭議在於，由於狗已先於她去世，她是否打算將信託基金轉給指定負責照顧狗的後備受益人。如果不是，贈與將會失效，資金將歸還至遺產剩餘部分。法院發現遺囑的措詞沒有附加條件，因此信託基金的贈與並未失效。因此，法院將 40,000 加元的現金遺產授予了附隨受益人 (Anderson v O'Brien , 2025 BCSC 200 )。
CONTENTIOUS ESTATES: Canadian court asked to rule on ambiguous will wording
The Supreme Court of British Columbia was asked to consider the wording of a will that left a trust created to assist with the care and maintenance of the deceased’s dogs. A dispute arose over whether, as the dogs had predeceased her, she intended the funds of the trust to pass to the contingent beneficiary who had been specified for the care of the dogs. If not, the gift would lapse and the funds revert to the residue of the estate. The court found that the wording of the will was not conditional and so the gift of the trust funds did not lapse. Accordingly, it granted the cash legacy of CAD40,000 to the contingent beneficiary (Anderson v O’Brien, 2025 BCSC 200).
Sources:
BC Courts
Disinherited blog