Legal Blog

Will – Pour Over Clause

Vilenski v. Weinrib-Wolfman 2022 Ont SCJ

The will contained a provision (the “pour over clause”) by which the residue of the estate was to be paid to the trustees of an existing inter vivos trust, which also happened to be an Alter Ego Trust. The judge followed precedent in British Columbia to declare the pour over clause to be invalid because the trust was set up so that it could be amended. The mere possibility of an amendment once the disposition had “poured over” into the trust was outside the strict formality requirements for testamentary documents. Because the clause was held to be invalid, the court declared an intestacy.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.