The Court held that provision for an adult son by way of a discretionary testamentary trust was inadequate for his proper maintenance and advancement in life where the trustee was an estranged brother who was also a beneficiary of the trust, the trust contained a drafting error creating arguable uncertainty of subject matter, and the trustee had absolute discretion to distribute capital and income to himself or other beneficiaries. A lump sum family provision order of $1.1 million was made in favour of the plaintiff, from which debts owed under a deed of loan to the estate and to the defendant were to be deducted. The Court did not resolve whether the testamentary trust failed for uncertainty of subject matter, finding it unnecessary to do so given the inadequacy of provision on either basis.
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