Peters Estate, Re, 2015 NSSC 292
| Judge | Duncan, J. |
| Court | Probate Court of Nova Scotia (Canada) |
| Case Date | September 29, 2015 |
| Jurisdiction | Nova Scotia |
| Citations | 2015 NSSC 292;(2015), 365 N.S.R.(2d) 200 (ProbCt) |
Peters Estate, Re (2015), 365 N.S.R.(2d) 200 (ProbCt);
1151 A.P.R. 200
MLB headnote and full text
Temp. Cite: [2015] N.S.R.(2d) TBEd. OC.026
In The Estate of Marian Elizabeth Peters, Deceased
(Hfx. 442105; 2015 NSSC 292)
Indexed As: Peters Estate, Re
Nova Scotia Probate Court
Duncan, J.
September 29, 2015.
Summary:
Peters executed a will. After she passed away, Peters' personal representatives found five handwritten documents in her personal effects, all in Peters' handwriting. At issue was whether the documents should be admitted to probate.
The Nova Scotia Probate Court determined that one of the documents was to be admitted.
Wills - Topic 4
Testamentary instruments - General principles - What constitutes a testamentary disposition - Peters executed a will - After she passed away, Peters' personal representatives found five handwritten documents in her personal effects, all in Peters' handwriting - At issue was whether the documents should be admitted to probate - The Nova Scotia Probate Court determined that one of the documents was to be admitted - Under s. 8A of the Wills Act, the court could declare the writings to be valid and fully effective although they were not executed in compliance with the Act - The question to be asked in relation to each document was "When the notes were prepared, did Ms. Peters believe that her existing Will was being revoked in whole or in part and that her estate would be disposed of according to the note?" - The applicants had to satisfy the court, on the balance of probabilities, that the specified document embodied Peters' testamentary intention - Notes 1 and 2 were, at best, statements of intention and advice and were not admitted as they were not intended to be testamentary dispositions - Notes 4 and 5 were not admitted as they predated Peters' existing will - Note 3 had a degree of formality that was different from the others - The list of gifts of personal effects in Note 3 was intended to be both fixed and final - It was clearly a testamentary disposition and was admitted.
Wills - Topic 1573
Preparation and execution - Formal validity - Curing of irregularity - [See Wills - Topic 4 ].
Wills - Topic 1574
Preparation and execution - Formal validity - Testamentary intention - [See Wills - Topic 4 ].
Cases Noticed:
Gray Estate, Re, [1958] S.C.R. 392, refd to. [para. 18].
Ward v. Stevenson (1910), 21 O.L.R. 289, refd to. [para. 20].
Snow Estate, Re, [1932] 1 W.W.R. 473, refd to. [para. 20].
Fitzsimmons Estate, Re, [1939] 2 D.L.R. 50 (N.S.C.A.), refd to. [para. 20].
Fong Estate, Re (2011), 306 N.S.R.(2d) 370; 968 A.P.R. 370; 2011 NSSC 315 (Prob. Ct.), refd to. [para. 22].
Komonen v. Fong - see Fong Estate, Re.
Counsel:
Joseph S. Roza, for the applicants.
This application was heard at Halifax, N.S., on September 29, 2015, by Duncan, J., of the Nova Scotia Probate Court, who delivered the following decision orally on September 29, 2015, and in writing on October 13, 2015.
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Estate of Ronald Paul Duguay et al v Robin Di Tosto et al, 2019 NBQB 293
...infra at para. 52); the certainty of the bequests; and whether there are reasons offered for the bequests; etc. (See: Peters Estate, Re, 2015 NSSC 292 at para. 19). As well, a court needs to consider whether the document contains any precatory wording (i.e. wishes expressed) and its affect ......
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Succession de Ronald Paul Duguay et autre c. Robin Di Tosto et autres,
...quant aux legs, la présence de motifs pour expliquer les legs, entre autres choses (voir l’arrêt Peters Estate (Re), 2015 NSSC 292, au par. 19). Par ailleurs, le tribunal doit également se demander si le document renferme des termes précatifs (soit l’e......
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Jones Estate (Re), 2017 NSSC 300
...which nicely sets out the applicable law after canvassing various other legal authorities. That case is cited as Re Peters Estate 2015 NSSC 292, a decision made by Justice Duncan in similar circumstances to those here.[19] Justice Duncan focused on the need to carefully examine the instrume......
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Estate of Ronald Paul Duguay et al v Robin Di Tosto et al, 2019 NBQB 293
...infra at para. 52); the certainty of the bequests; and whether there are reasons offered for the bequests; etc. (See: Peters Estate, Re, 2015 NSSC 292 at para. 19). As well, a court needs to consider whether the document contains any precatory wording (i.e. wishes expressed) and its affect ......
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Succession de Ronald Paul Duguay et autre c. Robin Di Tosto et autres,
...quant aux legs, la présence de motifs pour expliquer les legs, entre autres choses (voir l’arrêt Peters Estate (Re), 2015 NSSC 292, au par. 19). Par ailleurs, le tribunal doit également se demander si le document renferme des termes précatifs (soit l’e......
-
Jones Estate (Re), 2017 NSSC 300
...which nicely sets out the applicable law after canvassing various other legal authorities. That case is cited as Re Peters Estate 2015 NSSC 292, a decision made by Justice Duncan in similar circumstances to those here.[19] Justice Duncan focused on the need to carefully examine the instrume......