Nephew argued aunt's bequeathment should have been more

Mr. S was his late aunt's primary caregiver. For three years, he took care of her by taking her to doctor's appointments, hiring additional support persons, consulting lawyers, making medical decisions and attending to other needs as they arose.

In accordance with his aunt's will, which was many years old, the bank was appointed sole liquidator of the estate upon her death. Mr. S argued the estate owed him $100,000 as compensation for his role as primary caregiver. In addition, he sought $15,000 for his time and effort planning the funeral.

The bank declined the client's request for remuneration. The applicable provincial laws did not allow for remuneration of individuals unless clearly specified in the will. In this instance, the will did not contain instructions to provide Mr. S with remuneration. The other beneficiaries of the estate offered Mr. S $10,000 as a goodwill gesture but the client refused. Mr. S then complained to OBSI.

Complaint not upheld

In our review of the case, we focused on whether the bank had acted appropriately in its handling of the estate. We found that the bank accurately followed the aunt's instructions. The bank had also informed Mr. S of his option to petition the court if he believed he was entitled to remuneration. OBSI did not recommend compensation for Mr. S.

It is impossible to know if the late aunt would have wished to provide more for her caregiving nephew. An up-to-date will would have avoided the uncertainty and heartache the family experienced.

(2010)