Question
Read the fact patterns and answer the following questions. i. Mr. and Mrs. Purple owned their matrimonial home as joint tenants. During their marriage, Mr.
Read the fact patterns and answer the following questions.
i. Mr. and Mrs. Purple owned their matrimonial home as joint tenants. During their marriage, Mr. Purple demanded on several occasions that Mrs. Purple and her children (Mr. Purple's stepchildren) leave, only to later reconcile. Prior to his death, the husband obtained a divorce and applied for division of the matrimonial home according to relevant legislation, but Mr. Purple died before the property division occurred. The Administrator of the estate applied for property division under the relevant legislation. The issue that arose was whether or not the home formed part of Mr. Purple's estate or whether it passed to Mrs. Purple by way of survivorship.
a. Read Dunn Estate v. Dunn, along with the course text book and determine whether the house formed part of Mr. Purple's estate or it passed to Mrs. Purple by way of survivorship. Be sure to explain your answer, and provide examples where appropriate. (worth five marks)
ii. David Yellow owned and operated Yellow's General Hardware Store, as well as the land and buildings where he carried on business. His younger brother, John, worked for him as a manager. His daughter, Susan, also worked for Mr. Yellow. David died, leaving a will in which he gave his business and real property to John for life, with the remainder to Susan. John and Susan could not agree on how to run the business or take care of the property. Ultimately, John fired Susan. Over the next few years, the business did poorly and John allowed the warehouse and other buildings on the property to fall into a state of disrepair.
a. Susan commenced a lawsuit to force John to keep the buildings and property in a state of repair.What is the likelihood that she will be successful? Explain your answer. (worth five marks)
b. John died and in his will he left the entire estate, including the business and buildings to his wife. Who has entitlement in this situation? Explain your answer. (worth five marks)
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