Jeannette Wakim, as personal representative v. Christopher Pavlic, as personal representative, etc.

Justice Ketchum:

This appeal concerns the disposition of funds withdrawn from joint bank accounts owned by Lawrence Belt and Lila Belt during their marriage. The funds were withdrawn from the joint accounts by Lawrence. Several months after the withdrawals, Lila filed for divorce but died while the divorce action was pending. The divorce action was dismissed with prejudice and without any rulings regarding any marital property. Lawrence died thereafter.

Lawrence’s estate, through his executrix Jeannette Wakim (the petitioner), and Lila’s estate, through her executor Christopher Pavlie (the…