Babcock Estate, Re, (1982) 53 N.S.R.(2d) 716 (ProbCt)

CourtProbate Court of Nova Scotia (Canada)
Case DateOctober 01, 1982
JurisdictionNova Scotia
Citations(1982), 53 N.S.R.(2d) 716 (ProbCt)

Babcock Estate, Re (1982), 53 N.S.R.(2d) 716 (ProbCt);

    109 A.P.R. 716

MLB headnote and full text

Re Babcock Estate

Indexed As: Babcock Estate, Re

Nova Scotia Probate Court

McLellan, J.P.

October 1, 1982.


An executrix of a will applied to have the will proved in solemn form. The opponents of the will claimed that the testator did not have testamentary capacity at the time he executed the will. The Nova Scotia Probate Court allowed the application. The court held that the testator had testamentary capacity when he executed the will.

Wills - Topic 305

Testamentary capacity - General principles - Requirement that testator understand what is being done - The Nova Scotia Probate Court discussed the requirement that a testator must understand that he was giving his property away by his will - The court also stated that the testator must understand the nature of the claims of those persons he has excluded in his will from participating in that property - See paragraph 2.

Practice - Topic 7321

Costs - Costs in probate proceedings - General - The Nova Scotia Probate Court discussed the general principles in relation to the payment of costs on an application for the proof of a will in solemn form - See paragraph 7.

Cases Noticed:

Murphy v. Lamphier, 20 D.L.R. 906, consd. [para. 2].

Leger v. Poirier, [1944] S.C.R. 152; [1944] 3 D.L.R. 1, consd. [para. 2].

Statutes Noticed:

Maintenance Property Act, S.N.S. 1980, c. 9 [para. 6].

Probate Act, R.S.N.S. 1967, c. 238 [para. 6].

Testators' Family Maintenance Act, R.S.N.S. 1967, c. 303 [para. 6].


G.H. MacNeil, Q.C., for the Estate;

Ross B. Archibald, for the claimants, Annie Babcock and Deanna Babcock.

This application was heard by McLELLAN, J.P., of the Nova Scotia Probate Court, who orally delivered the following judgment on October 1, 1982:

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