Boardman v King

In the matter of Boardman v King, the court was called upon to address issues surrounding family provision under the Succession Act. The plaintiff, a son of the deceased, sought a determination that he had not been left with adequate provision for his maintenance, education, or advancement in life. The deceased left an estate that included a single farming property and several investment properties. The will provided for the distribution of the estate among the surviving children, with the farming property split between the plaintiff and his twin brother, while the investment properties were left to the grandchildren of the deceased.

The central legal issues before the court were whether the plaintiff had been adequately provided for under the will and, if not, what form any additional provision should take. The plaintiff argued that his capacity to earn a living from the land given to him was impaired, and thus, he was not adequately provided for. The court had to assess the fairness of the distribution of the estate in light of the plaintiff's contributions and needs.

The court held that the plaintiff had not been left with adequate provision for his maintenance, education, or advancement in life. The court considered the plaintiff's significant contributions to the farming property and the limited economic viability of the land he received. The court found that the will did not sufficiently account for the plaintiff's needs and ordered that further provision be made from the estate. The nature and quantum of this provision were determined based on the plaintiff's contributions, needs, and the overall value of the estate.

The court ordered that an additional sum of money be paid to the plaintiff from the estate to ensure he had adequate provision for his maintenance, education, and advancement in life. The exact amount was left to be determined by the executors of the estate, taking into account the specific circumstances and contributions of the plaintiff.