Episode Summary
In this episode of Estates Made Simple, Gordon and Jenna take listeners back to one of Canada’s most famous, and frankly, most entertaining estate cases: the will of Charles Vance Miller. Known as a sharp lawyer and practical joker, Miller turned his own estate into a social experiment that sparked headlines, lawsuits, and even a movie.
From gifting stock to people who opposed the companies to leaving a house jointly to enemies who had to live together, Miller’s will was full of mischief. But the pièce de résistance? Leaving the residue of his estate to the Toronto woman who could have the most children within ten years of his death, an event that became known as The Great Stork Derby.
Gordon and Jenna unpack this legal oddity through the lens of modern estate administration, discussing what today’s executors would face if this will landed on their desk. They explore everything from verifying beneficiaries to court applications, investments over a ten-year estate term, and whether such a will could even stand up under modern public policy.
Key Discussion Points
1. Meet Charles Vance Miller – The Prankster Lawyer
2. Unusual and Provocative Bequests
3. The Infamous Residual Clause
4. Executor Nightmares and Legal Complexities
5. Public Policy and Legal Validity
6. Practical Lessons for Modern Estate Planning
7. The Outcome of the Great Stork Derby
8. Teaching Points and Takeaways
Key Takeaways
· Unique Intentions, Complex Administration: Miller’s sense of humour created extraordinary challenges for any executor. Securing assets, valuing shares, and verifying bizarre gifts would test even the most seasoned estate professional.
· The Residue Clause Gone Wild: Leaving an estate to “the woman who has the most children in ten years” opened a floodgate of administrative and ethical questions.
· Would It Hold Up Today? Gordon examines how such a clause might be struck down in 2025 for public policy reasons, while Jenna highlights the risk management and verification nightmare for any executor tasked with tracking births over a decade.
· Executor Considerations: The discussion touches on interim compensation, court protection, and investment of estate funds, all critical in long-running or unusual estates.
· Outcome of the Great Stork Derby: Four women tied for first place with nine children each, walking away with roughly $2 million each in today’s dollars
Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
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Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
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