MacKay v. MacKay Estate, (2012) 333 N.S.R.(2d) 213 (ProbCt)

• Court: Probate Court of Nova Scotia (Canada)
• Case Date: Tuesday March 27, 2012
• Jurisdiction: Nova Scotia
• Citations: (2012), 333 N.S.R.(2d) 213 (ProbCt)

MacKay v. MacKay Estate (2012), 333 N.S.R.(2d) 213 (ProbCt);

    1055 A.P.R. 213

MLB headnote and full text

Temp. Cite: [2013] N.S.R.(2d) TBEd. AU.021

In the Matter of the Estate of Marion Phyllis MacKay

And In the Matter of a claim filed against the estate by Richard MacKay

(2012 NSPB 2)

Indexed As: MacKay v. MacKay Estate

Nova Scotia Probate Court

Feener, Registrar

March 27, 2012.

Summary:

A nephew claimed against his aunt's estate for the value of services provided to her. He claimed he was promised he would receive her real property upon her death in exchange for his assistance to her. No provisions were made for the nephew in the aunt's will.

A Registrar of the Nova Scotia Probate Court, in a decision reported at [2012] N.S.R.(2d) Uned. 337, dismissed the claim.

A Registrar of the Nova Scotia Probate Court ordered that the nephew pay lump sum costs to the estate in the amount of $3,500.

Editor's note: for an unsuccessful appeal of the decision on the merits, see 329 N.S.R.(2d) 45; 1042 A.P.R. 45.

Practice - Topic 7117

Costs - Party and party costs - Special orders - Lump sum in lieu of taxed costs - A nephew claimed against his aunt's estate for the value of services provided to her - He claimed he was promised he would receive her real property upon her death in exchange for his assistance to her - No provisions were made for the nephew in the aunt's will - He based his claim on unjust enrichment and quantum meruit - The Registrar dismissed the claim - The estate sought costs based on Tariff C - The nephew asserted that the estate should pay all costs on a solicitor and client basis - A Registrar of the Nova Scotia Probate Court ordered that the nephew pay a lump sum to the estate in the amount of $3,500.

Counsel:

Franceen Romney, representing the Estate;

Michael Power, for the claimant.

This claim was heard by Feener, Registrar, of the Nova Scotia Probate Court, who delivered the following decision on costs on March 27, 2012.