Creighton Estate, Re, (1987) 80 N.S.R.(2d) 233 (ProbCt)
|Court:||Nova Scotia Probate Court|
|Case Date:||June 24, 1987|
|Citations:||(1987), 80 N.S.R.(2d) 233 (ProbCt)|
Creighton Estate, Re (1987), 80 N.S.R.(2d) 233 (ProbCt);
200 A.P.R. 233
MLB headnote and full text
In The Matter Of: Section 161(1) of the Probate Act, R.S.N.S. 1967, c. 238
In The Matter Of: An application for the Appointment for C. Jacob Creighton as an Executor of and under the Last Will and Testament of Thomas McCully Creighton, deceased
Indexed As: Creighton Estate, Re
Nova Scotia Probate Court
July 15, 1987.
Creighton was domiciled in Nova Scotia and died in England. His will named English executors respecting English assets and a foreign executor respecting Canadian assets. Probate of the will was granted in England to the English executors only. The estate applied in Nova Scotia for probate of the will to the foreign executor, on a limited basis covering the Canadian assets. The Registrar of Probate held that he had no jurisdiction to grant probate. The estate appealed.
The Nova Scotia Court of Probate allowed the appeal and ordered the Registrar to grant limited probate of the will to the foreign executor.
Executors and Administrators - Topic 1031
Grant of probate or letters of administration - Application for grant - Where probate granted in foreign jurisdiction - Creighton was domiciled in Nova Scotia and died in England - His will named English executors to administer English assets and a foreign executor to administer Canadian assets - Probate of the will was granted in England to the English executors only - The English courts had no power to grant probate to the foreign executor - The Registrar of Probate refused, without reasons, to grant probate to the foreign executor - The Nova Scotia Probate Court held that there were no grounds, statutory or otherwise, to refuse to grant probate to the foreign executor where the will had already been probated in England.
Re Wilson Estate (1914), 19 D.L.R. 698, refd to. [para. 17].
Probate Act, R.S.N.S. 1967, c. 238, sect. 10(1) [para. 18]; sect. 150 [para. 14]; sect. 161(1) [para. 17].
M. Jill Hamilton and Marjorie Hickey, for the applicant.
This appeal was heard on June 24, 1987, before Palmeter, J., of the Nova Scotia Court of Probate, who delivered the following judgment on July 15, 1987.
To continue readingFREE SIGN UP