Published on Wagner Sidlofsky LLP
by Peter Askew on May 25th, 2021
There are many unanswered questions arising from the mysterious double homicide of Canadian billionaires Barry and Honey Sherman, who were found dead in their home in North York on December 15, 2017 amid evidence of foul play. No definitive explanation has ever been given by the police as to who killed the Shermans, or why. In fact, to this day no charges have been laid in connection with their deaths despite a high-profile police investigation, parallel probe financed by the Sherman family, and a $10 million reward offered in exchange for any information leading to the arrest of a suspect.
Despite significant interest, there is also very little publicly available information regarding the manner in which the Shermans’ estates will be distributed. This is because the trustees of the estate took the unusual step of obtaining a sealing order over the court files containing the Shermans’ wills, and the Superior Court was satisfied that the family’s privacy should be protected and that there was a reasonable apprehension of risk of physical harm to the beneficiaries of the estate given the violence of the crime and the unknown motives of the perpetrators.
While the Shermans’ estate planning remains largely a mystery at this point, the unknown circumstances of their deaths give rise to a further legal issue which may or may not be consequential depending on the manner in which their will(s) were drafted. Where two or more people die at the same time or in circumstances where it is uncertain which of them survived the other, there are certain complications that may arise in the administration of their estates.
While it is a scenario that most of us would rather not think about, it is valuable for estate planners and their clients to turn their minds to, and plan for, common disasters to prevent the unintended consequences that can occur where such a contingency (however unlikely) is not provided for in a person’s will. In so doing, added complexities, costs, and potential disputes can be avoided for the families of victims of such tragic events.
Peter Askew, Wagner Sidlofsky LLP
