Common law spouse of husband who dies of injuries sustained in home fire cannot receive full home insurance payout until estranged children of spouse are contacted: judge

The widow of a common-law husband, who died without a Will as a result of injuries from a fire that engulfed their insured home, cannot receive the balance of the home insurance payment until her husband's estranged children can be contacted, the New Brunswick Court of the Queen's Bench has ruled.
In the same ruling, Stanley Mutual Insurance Company received permission to pay the unresolved balance of the home insurance policy proceeds ($45,447.26) into court. The court thus discharged the insurer of all liability for the monies while the issue of whether the widow is entitled to the money is resolved.
"This matter is indeed complicated by the intestacy of [the deceased husband] Vernon Pell and the fact that he and [June Yvonne] Shepherd, although they lived as common law spouses for many years, never married," Court of Queen's Bench of New Brunswick Justice Thomas Riordon wrote.
Pell and Shepherd lived as a common-law couple for approximately 28 to 30 years. Pell, who was divorced prior to his relationship with Shepherd, had children from his previous marriage, but had not had any contact with them for many years. The whereabouts of the children were unknown.
In 2001, the couple moved to New Brunswick from Ontario and purchased the house. They bought a home insurance policy from Stanley Morgan.
The house was damaged in a fire on Sept. 18, 2009. Pell died the next day as a result of a heart attack connected to serious burns to his body in the fire.
Pell died without a Will at the age of 75.
Stanley Mutual paid proceeds owing to Shepherd, and made an application to the court to pay to Shepherd the remainder of proceeds owed to Pell ($45,447.26). The court ordered that some effort be made to find Pell's surviving children first, prior to determining Shepherd's entitlement to the remainder of the insurance policy payment.
"I can understand and appreciate the arguments advanced on behalf of the respondent, Ms. Shepherd," the judge wrote. "However, considering that Mr. Pell died intestate, that he and Ms. Shepherd were not married and that he had children and the provisions of the Devolution of Estates Act [in which the widow of "marital property" is entitled to an intestate's proceeds], I am not prepared at this time to approve payment of the remaining proceeds to Ms. Shepherd."
The judge allowed the insurer to pay the balance of the proceeds into court, pending a search to find Pell's children and/or heirs.