This exercise is based on End-of-Chapter case "Bigstone v. Bigstone, 2013 SKCA (CanLII)". A separated couple negotiated an agreement under which the wife waived her rights to her husband’s pension benefits. The husband signed the interspousal agreement on October 9, 2010. The wife signed it on October 13. Unfortunately, the husband died unexpectedly on October 12. The wife claimed not to be bound by the interspousal agreement and made a claim under the husband’s pension plan. She was denied benefits. She applied to have the Court nullify the interspousal agreement so she would qualify as the beneficiary of the pension benefits.
Should the Court enforce the interspousal agreement, even though the wife signed it after the husband died? Was this a case in which the parties did not intend to be bound by their agreement until the written contract was signed by both of them?
