PORT HAWKESBURY, N.S. — A case involving a Richmond County family may help provide some insight into ensuring that a will is prepared properly.
The will of Thomas Matthews stipulated that the family home would go his daughter Clarissa Larue with a life interest assigned to Mary Burke. Further, Dougald Matthews alleged that his sister stole money from their mother’s bank account and needs to be held accountable.As noted in Campbell’s decision, the 2015 will does indicate an unequal division of assets among the couple’s children because Clarissa Matthews, and her husband Bernard, lived with the parents to provide care to ensure they could stay in the home as long as possible.
In May 2017, Mary Burke was hospitalized. On three separate occasions that year, her mental capacity was assessed and it was determined she lacked the capacity to make life and personal care decisions.When discharged from the hospital, Burke was placed in a long-term care facility. The decision was not well received by Dougald Matthews or another brother, Martin.
Linda Matthews-Mont, daughter of Dougald Matthews, said that while in the nursing home, her grandmother started asking about her will and that she denied ever signing such a document. “In this case, as I have noted, there are no suspicious circumstances that relate to either the preparation and execution of the will or of Ms. Burke’s knowledge of its contents and her testamentary capacity. The presumption of knowledge and approval of the will and the presumption of testamentary capacity operate and have not been rebutted.”
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