In a recent Ontario Superior Court wills and estate law decision, Justice Faieta stressed the pitfalls of unwritten agreements. The plaintiff, Ionie Agatha Officer, an 85-year-old mother, claimed that her late son, Charles Herbert Officer, had promised her a lifetime of rent-free living in his condominium.
Justice Faieta considered the rule under section 13 of the Evidence Act, R.S.O. 1990, c. E.23, which requires corroboration for claims about promises made by a deceased person. However, he held that this rule did not apply in the present case because the condo had passed to Alice as a joint tenant through the right of survivorship. This meant the condo was not part of the deceased’s estate, and the applicant’s claim was directed against the respondent (Alice), not the estate. As clarified in Brisco Estate v. Canadian Premier Life Insurance Company, 2012 ONCA 854, at para. 64, section 13 applies only to claims involving the deceased’s estate, making it inapplicable here.
Evidence and Testimonies
Alice (the respondent) gave evidence that she was aware of Ionie’s move to the condo in 2021, as it was done with her permission. However, she never agreed that Ionie would live there rent free for the rest of her life. To complex the matters further, Charles had also been unclear about his financial expectations from his mother, creating more gaps in communication among involved parties. Alice also testified about having a conversation with Charles around Feb or March 2022, where he was considering asking his mother to start paying rent. This corroborated the fact that Charles was going through certain financial constraints, and in a situation like that, the deceased not reducing such a promise to writing seemed unlikely.
Justice Faieta excluded the Applicant’s evidence of what the deceased Charles had said to her on the basis that it was hearsay and was not admissible subject to the framework that might otherwise allow hearsay to be admitted into evidence. Left without any evidence to support what amounted to a claim for a life interest in the Condo Justice Faieta dismissed the Application and ordered the 85-year-old Ms. Officer to vacate the Condo, despite her evidence that she would become homeless.
How Important is the Role of Evidence?
Evidence plays a pivotal role in the resolution of legal disputes, especially in cases involving verbal agreements. In Ionie’s case, the lack of written documentation or corroborating proof significantly weakened her claim. Her assertion that she contributed $22,000 in cash toward the condo’s purchase lacked receipts, and her testimony about Charles’s verbal promise was deemed inadmissible under section 13 of the Evidence Act, which requires corroboration for claims involving deceased persons. Further, testimony from Alice Snaden, highlighting Charles’s financial struggles and his discussions about asking Ionie to pay rent, added to the improbability of the alleged agreement.
This is why, one must always consult a skilled Wills and Estate Lawyer to get proper legal documentation of agreements!
If you are also in a situation like this, then connect with us now!
What Happens When You Die Without a Will?
When someone dies without a will, then the process of probate gets triggered in Canada!
What is probate?
Probate is nothing but a court-monitored process. If someone passes away without a will, then the duty to appoint an ‘executor’ will fall upon the government, or any close relative may file an application to be appointed as an ‘Estate Trustee’!
Therefore, it is evident that without a will, you cannot choose, who is going to benefit from your estate, which is exactly what happened in this case. Charles’s death automatically triggered the application of Ontario’s Succession Law Reform Act (SLRA). If only Charles had prepared a will, he could have explicitly ensured his mother’s living arrangement and provided clarity for his dependents.
What is the Right of Survivorship?
Before we delve into that, it is important to note that Charles and Alice separated after a relationship of 5 years. They parted ways in September 2022 and the couple never even had an agreement regarding child or spousal support. This proved that that Alice did not have any intention to register herself as a ‘dependent’ under the Succession Law Reform Act, R.S.O. 1990, c. S.26. This is because any amount claimed by her, will decrease the amount of her son’s inheritance.
The main motive to highlight this information was to point out that irrespective of separation between common law partners, certain ties can never be severed.
Now, let’s talk about right of survivorship!
The right of survivorship means that if two people jointly own a property and one of them dies, the other person automatically becomes the sole owner. This is what happened in Charles’s case. He and Alice jointly owned the condo, so when Charles died, ownership passed entirely to Alice.
Even though Charles and Alice were in a common-law relationship, Ontario’s SLRA doesn’t give common-law partners the same inheritance rights as married couples unless a will says otherwise. Alice became the condo’s owner because of the joint ownership, not because of inheritance laws.
What was the Final Decision made by Court?
The court sympathized with Ionie’s circumstances but ruled against her due to the lack of evidence. Testimony about Charles’s financial constraints and the significant mortgage on the condo further supported the conclusion that Charles’ alleged promise was improbable.
Alice’s financial challenges following Charles’ death also factored into the court’s decision. The condo carried a significant mortgage, and Alice could not afford its maintenance costs. The court granted Alice’s motion to evict Ionie, allowing her until February 28, 2025, to vacate the property. Ionie was also ordered to pay occupation rent of $2,200 per month starting July 1, 2024.
How Can Our Wills and Estate Lawyers Help You?
At Nanda & Associate Lawyers, we have a dedicated team of wills and estate lawyers, working tirelessly to protect your rights. We will help you in drafting comprehensive wills so that you can clearly outline your intentions. Our lawyers can also assist you in structuring property ownership agreements, including joint tenancies, so that after your demise, your family is not wandering clueless. Further, if you case will require resolving estate disputes, then our wills and estate lawyers will do so with tailored legal strategies. With us you can expect meticulous estate planning that maximises your financial security. Don’t leave your legacy to chance. Call us at 905-405-0199 to receive personalized solutions.
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