$500K estate of woman under care of public guardian will go to Winnipeg Foundation, judge rules

A Winnipeg woman named Minnie Blustein, who was under the care of the public guardian, left the bulk of her estate to charity in a handwritten note that was accepted by a judge as her final will. The note, dated November 1994, expressed Blustein’s desire for her assets to be used to fund scholarships for the needy through an endowment at the Winnipeg Foundation. She specified that only $1 should be left to any family or friends, stating that it was more than they had ever given her.

Blustein’s personal and financial decisions had been under the control of the public trustee since 2007, when she was deemed mentally incompetent by a doctor and had no one else to care for her. She spent the last decade of her life at a personal care home, where she had no visitors. The public trustee discovered the handwritten note among Blustein’s belongings while cleaning up her home.

The note also mentioned Blustein’s wish to leave everything she owned to an orphanage in Israel in the event of her death. The court ruled that both notes complied with the requirements of a valid holographic will and accepted the 1994 note as Blustein’s official will.

Blustein had no close family and lived a solitary life, with no spouse, children, or siblings. Her mother and father had passed away long before her, and the public trustee was not aware of any friends or close relatives she had, other than a distant maternal cousin in Ontario. An heir-tracing company found seven paternal cousins, none of whom lived in Canada.

The court determined that Blustein had the capacity to make her will, as the notes were written long before her mental health issues arose. The judge found that she had good reason for not including relatives or friends in her will and that her intention to use her estate for scholarships through an endowment fund was clear.

The Winnipeg Foundation was chosen to manage the endowment fund, as it would reach the broadest part of the community and have a significant impact. The estate, valued at approximately $500,000, will fund scholarships in Blustein’s family name, ensuring that her legacy continues to benefit the community for years to come.

While the Winnipeg Foundation has yet to receive official confirmation of the court decision, they are grateful for the potential donation and emphasize the lasting impact that such a gift can have on the community. The process of distributing the estate will involve several steps, including the issuance of a written order by the court and an appeal period expiration. Once finalized, the endowment fund will honor Blustein’s wishes and benefit those in need for years to come.