SUCCESSION — Family provision — Application by 27 year old granddaughter for provision out of deceased’s estate — Where plaintiff an eligible person because of some demonstrated dependence on deceased — Where deceased’s will divided estate between his four children and none of his grandchildren — Whether adequate and proper provision made for plaintiff and, if not, the nature and quantum of the provision to be made — Where plaintiff employed fulltime and has established little need
Quick Take
1A grandchild claiming family provision must demonstrate more than a typical grandparent-grandchild relationship; the Bowditch guidelines require evidence that the deceased assumed a position more akin to a parent, with direct responsibility for the grandchild's support and welfare, or undertook continuing and substantial financial or emotional responsibility.
2Dependency under s 57(1)(e)(i) may exist where a deceased provided accommodation, even if the dependent was physically and financially capable of self-support, but voluntary generosity and indulgence by a grandparent does not convert the relationship into one of obligation.
3On the facts, the plaintiff's full-time employment, earning capacity, lack of demonstrated medical need, and failure to substantiate claimed expenses meant that only modest provision was warranted despite the substantial size of the estate.
