Legal Question in Real Estate Law in Canada

family

my mom's house was left to 6 kids my younger sister is living there rent free providing she do minor upkeep of the house and pay off the furnace while living there that was stated in the will,it was also stated that major upkeep be equally divided by 6 kids the problem is we need from a legal stand point is there an amount you can say which refers to major upkeep and minor upkeep...is there a limit for both seems it wasn't stated in the will?


Asked on 2/21/04, 1:44 pm

1 Answer from Attorneys
Robert Maguire Maguire & Company

Re: family

Unless the will defined 'major upkeep' and 'minor upkeep' it would be very difficult for a court to determine what these terms mean. I expect that the distinction might be made between routine maintenance and extraordinary maintenance or capital expenditures. Thus, it is routine to cut the lawn, replace light bulbs, repair leaky faucets, have appliances fixed etc. but it is extraordinary maintenance to repaint the house or re-roof the house. It would probably be a capital expenditure to do any major structural repair/replacement.

I expect the court would equate 'minor upkeep' to routine maintenance and the rest would be major upkeep.

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Answered on 2/23/04, 1:48 pm


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