Supreme Court

Decision Information

Butt v Chittock

Court Supreme Court
Date 1995-05-15
Other citations [1996] NWTR 104
File numbers CV 05015, CV 05263
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Andre v. Blake, [1991] N.W.T.R. 351 (S.C.)

Statutes considered:
Child Welfare Act, R.S.N.W.T. 1988, c. C-6
Dependents Relief Act, R.S.N.W.T. 1988, c. D-4, s. 1
Dependents Relief Act, R.S.N.W.T. 1988, c. D-4, s. 2(1)(b)
Intestate Succession Act, R.S.N.W.T. 1988, c. I-10
Maintenance Act, R.S.N.W.T. 1988, c. M-1
Decision information:

Summary: Application to approve a settlement to a minor child. Application opposed by the Public Trustee. At the time of death, the deceased had not adopted his wife's child from a former relationship although that was his intention in conjunction with an intended marriage. Under the Intestate Succession Act, only the deceased natural child was entitled to benefit from the estate. The proposal put forward was that the spouse received 40%, the natural child, 40% and the other child 20%.
Decision: Determination that the deceased would have wanted common-law wife and her son to have also benefits from his estate. No reason to distinguish between the children. Each child to receive 30%. Application for approval of an agreed settlement of litigation involving the interests of minor children in an estate granted on terms.
Subjects: Wills and estates - Intestate succession - Inheritance by children

Decision Content

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