Does a reference to equal shares or equal shares in a will support a per capita distribution?
British Columbia, Canada
The following excerpt is from The Bank of Nova Scotia Trust Company v. Ruocco, 2016 BCSC 2154 (CanLII):
The petitioner says that references to “shares,” “equal shares,” “equally divided” or “issue” tend to support a per capita distribution, and gifts to issue without mention of the method of distribution should, prima facie, be interpreted as a per capita gift, unless there is specific context in the will or surrounding circumstances to displace that presumption. On this point, the petitioner notes cases such as Adams v. Laursen, 1998 CanLII 5883 (B.C.S.C.), where J. Edwards J. wrote, at paras. 10-12:
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