Estate Planning

Whose house is it?

By Hull & Hull LLP

This month the Liu children may be closer to keeping their home. 

The Globe and Mail published an article last month that described the unfolding drama. www.theglobeandmail.com/servlet/story/LAC.20081213.LIU13/TPStory/

In short, in 2005, eighty-three year old Margaret Liu died. She left two Wills. One was written in Chinese and it bequeathed her Gerrard Street home to her two children. 

The second Will, written in English in September 2004 – eight months before she died – purported to give the same property to the Chinese Christian Herald Crusades (Canada) Herald Monthly, a gospel-based newspaper that is distributed at the same church that the Deceased attended.  The original home was purchased for $60,000 and may now be worth $300,000. 

This issue has received a lot of community support.  www.ocap.ca/node/1252  The newspaper wants to sell the house in which the children now live.   Apparently, the newspaper launched a claim last April, presumably to enforce its rights under the second Will.

To defend their home the Liu children have appealed to the community, which has responded with fundraising events. action.web.ca/home/twb/events.shtml

It seems both sides have their witnesses lined up to support their positions. The newspaper believes that the Deceased wanted to give back to God (by giving her home to the organization), but the Deceased’s daughter indicates that her mother had become increasingly agitated, moody and forgetful in 2000.

Both scenarios are feasible. On its face though this case seems to suggest that competency was an issue. If the Deceased was not competent, it would appear that the second Will could fail. However, if the Judge finds that the Deceased was competent, the newspaper may succeed.

I will report the result of this case when it is available.

Enjoy your day.

Full post as published by Toronto Estate Law Blog on January 26, 2009 (boomark / email).