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Difference between revisions of "Making and Executing a Will (16:III)"
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Making and Executing a Will (16:III) (view source)
Revision as of 22:55, 15 August 2019
, 22:55, 15 August 2019→2. Beneficiary's Debt to Estate
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=== 2. Beneficiary's Debt to Estate === | === 2. Beneficiary's Debt to Estate === | ||
According to ''Re Johnston Estate'', 2017 BCSC 272, the rule in ''Cherry v Boultbee'' applies in Canada. This means that the beneficiary is required to bring his or her debts towards the estate into account, even if the debt claim would otherwise be statute barred by the ''Limitations Act''. ''Re Johnston Estate'' states that “the purpose of the rule was to prevent a beneficiary who owed money to an estate from receiving more than his or her fair share of the estate.” | According to ''Re Johnston Estate'', 2017 BCSC 272, the rule in ''Cherry v Boultbee'', 41 ER 171 applies in Canada. This means that the beneficiary is required to bring his or her debts towards the estate into account, even if the debt claim would otherwise be statute barred by the ''Limitations Act''. ''Re Johnston Estate'' states that “the purpose of the rule was to prevent a beneficiary who owed money to an estate from receiving more than his or her fair share of the estate.” | ||
== E. Attesting the Will == | == E. Attesting the Will == | ||