Court considers inter vivos gift

Grosseth Estate v. Grosseth | 2017 BCSC 2055 | British Columbia Supreme Court

Gifts -- Types of gifts -- Inter vivos gift -- Proof of gift

Deceased died in 2011 at age 96 -- Deceased was lifelong bachelor and had no children -- 2001 will provided that residue of deceased’s estate was divided equally amongst 11 nephews and nieces, including M and B -- Deceased lived with B and his family for last decade of life -- During that time deceased transferred amount of $157,000 to B -- Only amount of $60,000 was left to be distributed amongst other nieces and nephews on death of deceased -- M claimed B asserted undue influence over deceased to obtain money -- M brought application for return of money to estate -- Application dismissed -- Deceased enjoyed good physical and mental health until onset of major illness at end of life -- Neither B nor B’s wife had access to deceased’s accounts or any control over management of deceased’s finances -- Deceased intended money transfers to B as gifts, motivated by natural and understandable gratitude to B for happiness and comfort of final year.