MacQuarrie Estate, Re, (2008) 263 N.S.R.(2d) 399 (ProbCt)

Judge:Coughlan, J.
Court:Nova Scotia Probate Court
Case Date:December 07, 2007
Jurisdiction:Nova Scotia
Citations:(2008), 263 N.S.R.(2d) 399 (ProbCt);2008 NSSC 108
 
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MacQuarrie Estate, Re (2008), 263 N.S.R.(2d) 399 (ProbCt);

    843 A.P.R. 399

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Temp. Cite: [2008] N.S.R.(2d) TBEd. AP.031

In The Matter Of the Estate of Daniel Angus MacQuarrie, late of Hays River, in the County of Inverness and Province of Nova Scotia

(Probate No. 4495; 2008 NSSC 108)

Indexed As: MacQuarrie Estate, Re

Nova Scotia Probate Court

Coughlan, J.

April 16, 2008.

Summary:

The testator died in 1976. His 1973 will named his son Daniel as his sole beneficiary. In 2005, another son (Martin) filed a claim against the Estate under s. 63 of the Probate Act, claiming ownership of certain real property through a constructive trust or through the equitable doctrines of unjust enrichment and/or quantum meruit. Alternatively, Martin sought compensation from the Estate. The Estate applied to dismiss the claim on the ground that the Probate Court lacked jurisdiction.

The Nova Scotia Probate Court dismissed Martin's claim for want of jurisdiction. The claim appeared based on events subsequent to the testator's death and involved issues of when and in whom the property vested. The claim was not properly brought under s. 63, as it did not effect or carry out the judicial administration of the Estate. The claim was properly within the jurisdiction of the Supreme Court. The court stayed the decision for 60 days to permit Martin to commence an action in the Supreme Court.

Courts - Topic 6125

Provincial courts - Nova Scotia - Probate Court - Jurisdiction - General - The testator died in 1976 - His 1973 will named his son Daniel as his sole beneficiary - In 2005, another son (Martin) filed a claim against the Estate under s. 63 of the Probate Act, claiming ownership of certain real property through a constructive trust or through the equitable doctrines of unjust enrichment and/or quantum meruit - Alternatively, Martin sought compensation from the Estate - The Estate applied to dismiss the claim on the ground that the Probate Court lacked jurisdiction - The Nova Scotia Probate Court dismissed Martin's claim for want of jurisdiction - The claim appeared based on events subsequent to the testator's death and involved issues of when and in whom the property vested - The claim was not properly brought under s. 63, as it did not effect or carry out the judicial administration of the Estate - The claim was properly within the jurisdiction of the Supreme Court - The court stayed the decision for 60 days to permit Martin to commence an action in the Supreme Court.

Statutes Noticed:

Probate Act, S.N.S. 2000, c. 31, sect. 7, sect. 8 [para. 11]; sect. 44 [para. 8]; sect. 73 [para. 11].

Counsel:

Joseph A. MacDonell, for the applicant/respondent; Estate of Daniel Angus MacQuarrie;

Martin MacQuarrie, respondent/claimant, self-represented (did not appear).

This application was heard on December 7, 2007, at Port Hawkesbury, N.S., in Chambers, before Coughlan, J., of the Nova Scotia Probate Court, who delivered the following judgment on April 16, 2008.

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