Jvancich v Kennedy

The appellant, an adult daughter from the deceased's first marriage, sought provision from the estate of her deceased father. The deceased's assets were held jointly with his surviving widow, the respondent, who had made a substantial contribution to those assets from a gambling win. The deceased had previously owned substantial property in his own right. The primary dispute concerned the extent to which the estate should provide for the daughter, specifically whether provision to enable her to purchase a house was justified. The matter was heard on appeal.

The court was required to determine whether the deceased had made adequate provision for the proper maintenance, education, and advancement in life of the appellant, an adult child. This involved considering the appellant's needs and circumstances, the size and nature of the deceased's estate, and the contributions made by the surviving widow to the acquisition of the jointly held assets. A key issue was the weight to be given to the widow's significant contribution from her gambling winnings to the jointly held property.

The court allowed the appeal in part, setting aside certain orders made by the Master. In lieu of those orders, the court directed that the appellant pay the respondent the sum of $60,000, plus prescribed interest. The court confirmed other orders and reserved costs for further argument based on written submissions from the parties.