Barbara Millicent Roberts ("Barbie") died in June 2023 at the age of 64 years after a brief illness. She had been separated from her common-law partner Kenneth Sean Carson ("Ken"), who is 69 years old, for three years, but they had been in the process of reconciling in the two years before her death. Ken had even moved into Barbie's home at 1 Dreamhouse Lane in Toronto in the months preceding her death, and was by her bedside when she died.

Barbie did not have any children, but she had a large extended family. She had been very close to her step-sister, Skipper, who predeceased her, leaving two children, Midge and Christie, both of whom Barbie had treated as though they were her own children. Barbie had a half-sister, Chelsea, with whom she was not close, and a sister, Stacie, who predeceased her. Barbie had actively disliked Stacie's three children, namely, Shelly, Kelly, and Nelly. Shelly had died a few months before Barbie and was survived by her twins, Lucky and Lulu. Kelly was pregnant at the time of Barbie's death and had a baby three months after Barbie's death, named Juno.

After Barbie's death, Ken located a handwritten letter that was written on Barbie's signature pink stationary.

March 1, 2023

An Agreement to Transfer Property

I, Barbara M. Roberts, do solemnly state that I wish to transfer my property at 1 Dreamhouse Lane, Toronto, Ontario, M5B 2K3, to my partner, Kenneth S. Carson, to be the sole owner. He can sell it at any time he wishes to do so without any interference by anyone.

Signed: Barbara M. Roberts

I set my hand this 1st day of March two thousand & twenty three and sign this agreement.

At the time of her death, Barbie's home was valued at $1,000,000. She had a doll collection (valued at $1,000), a bank account ($50,000), a pink convertible (valued at $20,000), and a registered retirement savings plan, or RRSP ($10,000). She also had a life insurance policy with a death benefit in the amount of $250,000 in which Ken was designated as the beneficiary on a form provided by the life insurance provider. There was a mortgage on her home with the principal amount of $100,000 outstanding at the time of Barbie's death.

Ken has asked you for advice on the following issues. Comment on the fairness of the results and/or relevant policy considerations.

(1) Assume the document dated March 1, 2023 is not a valid will, no other will was found among Barbie's documents when she died, and there is no indication she signed any further documents. Advise Ken as to the value of Barbie's estate and how Barbie's estate will be distributed, including who would benefit and what portion of the estate each probable beneficiary would receive. Advise also if the distribution of the estate would change if

a. Ken advised that, as Barbie lay on her deathbed, she had told Ken that she wanted him to have the house if she died.

(2) If the March 1, 2023 document is not valid but another document is found, ascribed to by Barbie, as her last will and testament, and its validity is established, consider the following clause found in this new will:

"I GIVE, DEVISE and BEQUEATH unto my partner, Kenneth Carson, the house located at 1 Dreamhouse Lane, in the City of Toronto, provided that the said Kenneth Carson has not been convicted of a criminal offense before he has reached seventy (70) years of age.

In the event that the said Kenneth Carson shall have been convicted of a criminal offense before reaching the age of seventy (70) years, then I direct that the said parcel of real estate shall be sold by my Trustees and the proceeds distributed to Skipper Roberts, or if she predeceases me, among her issue in equal shares per stirpes."

Does this clause impact the validity of the intended gift to Ken?