Boutilier Estate v. Capital One Bank et al., (2011) 310 N.S.R.(2d) 256 (ProbCt)

• Judge: Coughlan, J.
• Court: Probate Court of Nova Scotia (Canada)
• Case Date: April 28, 2011
• Jurisdiction: Nova Scotia
• Citations: (2011), 310 N.S.R.(2d) 256 (ProbCt);2011 NSSC 439

Boutilier Estate v. Capital One Bk. (2011), 310 N.S.R.(2d) 256 (ProbCt);

    983 A.P.R. 256

MLB headnote and full text

Temp. Cite: [2011] N.S.R.(2d) TBEd. DE.024

The Estate of Charles Arnold Boutilier (applicant) v. Capital One Bank, Bank of Montreal Mosaik, TD Canada Trust Visa, RBC Royal Bank Visa, Rogers Wireless, Barbara Ann Boutilier, Scott Boutilier, Darryl Boutilier, Lorraine Butler and Deborah McIsaac (respondents)

(Hfx. No. 344682; 57737; 2011 NSSC 439)

Indexed As: Boutilier Estate v. Capital One Bank et al.

Nova Scotia Probate Court

Coughlan, J.

December 6, 2011.

Summary:

An estate's personal representative filed an application to determine the amounts owed to creditors of the estate and the priorities. The total estate value was $31,626. Total creditor claims were $77,445.88.

The Nova Scotia Probate Court declared the estate insolvent. The estate was to be distributed in accordance with s. 83(3) of the Probate Act.

Executors and Administrators - Topic 2805

Duties and powers of executors and administrators - Payment of debts (incl. funeral expenses) - Creditor - What constitutes - [See Executors and Administrators - Topic 2816 ].

Executors and Administrators - Topic 2816

Duties and powers of executors and administrators - Payment of debts (incl. funeral expenses) - Priorities - The deceased and his wife had divorced in 1993 - The divorce judgment provided that the deceased was to name the wife as the sole beneficiary of his supplementary death benefit (valued at that time at approximately $30,000) - If he failed to do so, the wife was to be entitled to judgment against his estate for an amount not less than $30,000 - The deceased failed to name his wife as the beneficiary - When he died in 2009, the benefit had a value of $5,000, which was paid to the estate - The total estate value was $31,626 - The estate's personal representative filed an application to determine the amounts owed to creditors of the estate and the priorities - Total creditor claims were $77,445.88 - The Nova Scotia Probate Court declared the estate insolvent - The estate was to be distributed in accordance with s. 83(3) of the Probate Act - The estate owed a debt of $30,000 to the wife - No other creditor of the estate had proven its claim.

Counsel:

Paul B. Miller, for the Estate of Charles Arnold Boutilier.

This application was heard in Chambers at Halifax, Nova Scotia, on April 28, 2011, by Coughlan, J., of the Nova Scotia Probate Court, who delivered the following decision on December 6, 2011.