Thursday, August 4, 2011
Plaintiff was the decedent’s housekeeper, and during her time working for the decedent, a romantic relationship developed between the two. Prior to his death, the decedent promised the plaintiff that he would change his will to leave her “some money” and a car. The decedent died without changing the will. The plaintiff attempted to obtain an award for unjust enrichment or quantum meruit against the decedent’s estate.
In Albadi v. Fass, a Canadian court found that the plaintiff had no claim based on the decedent’s alleged oral statement. The court also found that the plaintiff failed to meet the test for unjust enrichment since she did not suffer any deprivation for the services she provided to the decedent as she was paid for those services.
See Natalia Angelini, Damages for Unjust Enrichment/Quantum Meruit Not Granted, Hull and Hull, Aug. 2, 2011.
Special thanks to Jim Hillhouse (WealthCounsel) for bringing this article to my attention.