Principales Questions: Is a testamentary trust a beneficiary or a person beneficially interested in an estate for the purpose of subsection 70(3)?
Position Adoptée: It is a question of law and fact, but it is possible for a testamentary trust to be a beneficiary of an estate or a person beneficially interested in an estate pursuant to subsection 248(25).
Raisons: The term "beneficiary" in subsection 70(3), as well as the expression "beneficially interest" in subsection 248(25).