Berbaum Estate v. Silver, (2001) 193 N.S.R.(2d) 120 (SC)

• Judge: MacLellan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 04, 2001
• Jurisdiction: Nova Scotia
• Citations: (2001), 193 N.S.R.(2d) 120 (SC)

Berbaum Estate v. Silver (2001), 193 N.S.R.(2d) 120 (SC);

 602 A.P.R. 120

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. AP.019

Frances Blynn, Administratrix of the Estate of Myrtle O. Berbaum, deceased (plaintiff) v. Jean E. Silver (defendant)

(S.A.R. No. 01322)

Indexed As: Berbaum Estate v. Silver

Nova Scotia Supreme Court

MacLellan, J.

April 4, 2001.

Summary:

The defendant's aunt put monies into a bank account. The defendant was added as a joint owner of the account (previously the defendant's mother was joint owner). The account remained dormant, except for a few small deposits to keep the account open. The aunt died. Her estate claimed entitlement to the account monies. The defendant claimed title by virtue of survivorship and claimed that the aunt had intended for her to have the monies upon her death.

The Nova Scotia Supreme Court held that the estate was entitled to the monies. Where monies were put into a joint bank account by one person, upon that person's death the monies were held in trust by the other joint owner for the estate, unless the other joint owner rebutted the presumption of resulting trust. The defendant failed to rebut the pre­sumption. The only evidence supporting the aunt's stated intention to benefit the de­fendant was from the defendant herself. There was no corroborating evidence and any independent evidence contradicted any intention to benefit the defendant solely.

Banks and Banking - Topic 2728

Bank accounts - Joint accounts - Presump­tion of joint tenancy - [See Banks and Banking - Topic 2733 ].

Banks and Banking - Topic 2733

Bank accounts - Joint accounts - Title to account - Resulting trust in favour of original owner of funds - The defendant's aunt put monies into a bank account - The defendant was added as a joint owner of the account (previously the defendant's mother was joint owner) - The account remained dormant, except for a few small deposits to keep the account open - The aunt died - Her estate claimed entitlement to the account monies - The defendant claimed title by virtue of survivorship and claimed that the aunt had intended for her to have the monies upon her death - The Nova Scotia Supreme Court held that the estate was entitled to the monies - Where monies were put into a joint bank account by one person, upon that person's death the monies were held in trust by the other joint owner for the estate, unless the other joint owner rebutted the presumption of resulting trust - The defendant failed to rebut the presumption - The only evidence supporting the aunt's stated intention to benefit the defendant was from the de­fendant herself - There was no corroborat­ing evidence and any independent evidence contradicted any intention to benefit the defendant solely.

Cases Noticed:

Niles v. Lake, [1947] 2 D.L.R. 248 (S.C.C.), refd to. [para. 30].

McKenna Estate, Re (1994), 134 N.S.R.(2d) 218; 393 A.P.R. 218 (S.C.), refd to. [para. 34].

Statutes Noticed:

Evidence Act, R.S.N.S. 1989, c. 154, sect. 45 [para. 27].

Counsel:

W. Bruce Gillis, Q.C., for Frances Blynn, Administratrix of the Estate of Myrtle O. Berbaum, deceased;

H.W. Milner, for Jean E. Silver.

This action was heard on March 6-7, 2001, at Annapolis Royal, N.S., before MacLellan, J., of the Nova Scotia Supreme Court, who delivered the following judgment on April 4, 2001.