Tyndall v. Noyes – Interpretation of Life Interests

By Marie Kazmer 

A recent case from the Ontario Superior Court of Justice, Tyndall v. Noyes, 2025 ONSC 1512, speaks to the rights and responsibilities of beneficiaries given a ‘life interest’ in an estate’s property where the Will is otherwise silent or vague. 

Case Summary

Tyndall v. Noyes, 2025 ONSC 1512 focused on the interpretation of a specific testamentary provision. The applicant, Gerry Tyndall was the long-term common law spouse of the deceased. Mr. Tyndall sought clarification regarding his rights to a Peterborough property where he had been granted a “life interest” in the Will. Mr. Tyndall asserted that in accordance with the deceased’s Will, he should have a full life interest or life estate in the property, including the right of exclusive possession and the right to collect rents.  He conceded that he should be responsible for minor repairs, upkeep, and the payment of utilities, but argued that the estate should be responsible for capital repairs and permanent improvements of the property as well as paying the property taxes, insurance and any encumbrances.

The respondent estate trustee agreed that Mr. Tyndall had the right to remain in the home until his death.  However, the estate trustee argued that Mr. Tyndall did not have exclusive possession of the property nor did he have the right to collect rents.  Instead, the estate trustee asserted that Mr. Tyndall had the right to reasonable use of the property, which was to be fully maintained by the Estate.

The Court ultimately ruled that Mr. Tyndall’s life interest in the property included the right of exclusive possession until his death. This meant he could occupy the property exclusively and collect any rent from a tenant. The decision also clarified the division of responsibilities between a life tenant and the remaindermen of the estate: Mr. Tyndall was responsible for day-to-day expenses like utilities, while the estate was to cover capital improvements and insurance. 

Estate Trustees and Life Tenants must be Mindful of their Respective Rights and Obligations

Tyndall provides crucial guidance on the interpretation of Wills, specifically concerning life estates. It clarifies that a life estate generally includes exclusive possession unless explicitly limited by the Will. This case underscores the importance of clear drafting in Wills to avoid ambiguity regarding the scope of gifts, particularly those intended to provide ongoing support or housing. 

Clear estate planning is of critical importance of when contemplating life estates in order to avoid judicial intervention or interpretation when provisions are inadequate or ambiguous.