Law360 Canada (April 18, 2023, 6:18 AM EDT) -- Claim by Herbey for support against the estate trustees of the Estate of Esther. Herbey was the adult son of the late Esther. Herbey claimed that he was a dependent of his late mother and that she did not make adequate provision for his support upon her death. Esther did not treat Herbey the same in her Will as she treated his brothers, Allan and Jerry. Their mother left Allan and Jerry an equal share of her assets, to the express exclusion of Herbey. Esther provided Herbey with an income stream. Herbey did not challenge his mother’s Will or his mother’s competence at the time of her estate planning. He claimed that Esther set out to support him, as she had done prior to her death, but did not do so adequately. Allan and Jerry submitted that Herbey had no entitlement to support from the Estate because he was not a dependant. They argued that Herbey was an independent adult who received the inheritance that his mother wanted for him. Allan and Jerry, as estate trustees, asked that Esther’s testamentary autonomy be respected, that her wishes be honoured and that Herbey’s claims be dismissed....