Filleul Estate, Re, (1980) 57 N.S.R.(2d) 224 (ProbCt)

• Judge: O Hearn, J.
• Court: Probate Court of Nova Scotia (Canada)
• Case Date: November 27, 1980
• Jurisdiction: Nova Scotia
• Citations: (1980), 57 N.S.R.(2d) 224 (ProbCt)

Filleul Estate, Re (1980), 57 N.S.R.(2d) 224 (ProbCt);

    120 A.P.R. 224

MLB headnote and full text

Re Filleul's Estate

Indexed As: Filleul Estate, Re

Nova Scotia Probate Court

O Hearn, J.

November 27, 1980.

Summary:

This case arose out of a submission to determine whether a Judge of Probate had jurisdiction to hear an appeal from a Registrar of Probate's decision to grant probate or letters of administration. The Nova Scotia Probate Court held that the Probate Court had no jurisdiction to hear the appeal.

Courts - Topic 6127

Provincial Courts - Nova Scotia - Probate Court - Jurisdiction - Appeals - The Nova Scotia Probate Court held that under s. 161(1) of the Probate Act no appeal would lie from the Registrar of Probate to a Judge of Probate from a grant of probate or letters of administration, even where the appeal was based on allegations that the Registrar improperly exercised his discretion - See paragraphs 1 to 3.

Statutes Noticed:

Probate Act, R.S.N.S. 1967, c. 238, sect. 161 [para. 2].

Counsel:

Allan G. Hayman, for Clayton Munroe;

R.J. Stinson, for Veronica Walls.

This case was heard before O HEARN, J., of the Nova Scotia Probate Court, who delivered the following judgment on November 27, 1980.