Canadian Case Dealing with Slayer Statute and Intent

Mrs. Jollimore suffered from Parkinson’s and lived with her son, Gregory. After their bodies were discovered in the home they shared, the Chief Medical Examiner opined that Mrs. Jollimore died of strangulation and Gregory of self-inflicted asphyxiation. Justice Coughlan believed that Gregory had killed his mother before taking his own life. In her will, Mrs. Jollimore left everything to Gregory and provided that her property and belongings would pass to the Public Archives of Nova Scotia in the event Gregory predeceased her.

The court in Jollimore Estate v. Nova Scotia (Public Archives), 2011 NSSC 218 was left with the question of whether Mrs. Jollimore’s property went to the Public Archives though Gregory had outlived her, or to Mrs Jollimore’s relatives who would have inherited had she died intestate. Justice Coughlan found that Mrs. Jollimore’s intent was to benefit the Public Archives in the event her son did not receive her estate, and that Gregory’s estate was precluded from inheriting from his murder victim. Judge Coughlan noted,

No other parties were mentioned [in the will]. To use the words, “If my son, Gregory Ross Jollimore has predeceased me”, in the circumstances of this case to find an intestacy would completely ignore Roberta Jollimore’s wishes…The residue of Roberta Jollimore’s estate is to go to the Public Archives of Nova Scotia.

See Stan Rule, Jollimore Estate v. Nova Scotia (Public Archives), Rule of Law, Mar. 24, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.