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Estates - Wills - 'Armchair Rule'

. Jonas v. Jonas

In Jonas v. Jonas (Ont CA, 2022) the Court of Appeal considered the estate law 'armchair rule':
(2) The application judge properly applied the “armchair rule”

[13] The application judge properly relied on the “armchair rule” in instructing herself on the process for interpreting the Will. This rule was set out by this court in Dice v. Dice Estate, 2012 ONCA 468, 111 O.R. (3d) 407, at paras. 36-38. The court must determine the testator’s intention as ascertained from the language that was used and the will as a whole. Where the intention cannot be ascertained from the plain meaning of the language used, the court may consider the surrounding circumstances known to the testator when making the will. The court sits in place of the testator and assumes the same knowledge they had of the extent of their assets, the size and makeup of their family, and their relationship to the family members, based on the evidence presented.



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Last modified: 08-12-22
By: admin