Kulczycki v Public Trustee

Kulczycki v Public Trustee is a case that dealt with issues of equitable estoppel and family provision and maintenance. The deceased, who was the mother of the two adult sons, had resided in the family home and paid the expenses associated with the property. The sons made an application to the court, seeking orders under the Family Provision and Maintenance Act. The sons argued that their mother had intended to gift the house to one son and leave it in her will to the other, and that they were entitled to an equitable estoppel on this basis. The court examined the nature of the mother's statements and actions, and the sons' reliance on those statements, to determine if an estoppel could be made out. The court found that there was no clear and unequivocal intention on the part of the mother to make a gift to one son or leave it to the other in her will, and that the sons' reliance on any statements made by their mother was not reasonable. The court also noted that the estate was modest, consisting primarily of the family home, and that the health of one son was deteriorating. The court found that appropriate orders as to costs should be made, but left the issue of the reasonableness of the costs to be assessed. The court ordered that the proceedings be dismissed, that the Public Trustee was to have its costs paid on an indemnity basis from the estate, and that there would be no order as to costs except as provided in the second order. The court also noted that if any party wished to tender evidence or make further submissions in relation to costs, they could do so within seven days of the court's decision.