Waugh Estate, Re, (2001) 195 N.S.R.(2d) 333 (ProbCt)

Judge:Scanlan, J.
Court:Nova Scotia Probate Court
Case Date:April 27, 2001
Jurisdiction:Nova Scotia
Citations:(2001), 195 N.S.R.(2d) 333 (ProbCt)
 
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Waugh Estate, Re (2001), 195 N.S.R.(2d) 333 (ProbCt);

 609 A.P.R. 333

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. JL.026

In The Matter Of The Guardianship Act, R.S.N.S. 1989, Chapter 189;

And In The Matter Of the Application of the Estate of Wayne Waugh for an Order dispensing of the requirement of security in respect of the appointment of a guardian of the estates of Chelsie Marie Waugh, Megan Elizabeth Waugh and Darcy Wayne Waugh;

And In The Matter Of the Application of the Estate of Wayne Waugh for an Order dispensing of the requirement to appoint a guardian of the estates of Chelsie Marie Waugh, Megan Elizabeth Waugh and Darcy Wayne Waugh

(Estate No. 12834)

Indexed As: Waugh Estate, Re

Nova Scotia Probate Court

Scanlan, J.

May 7, 2001.

Summary:

Waugh died in a 2000 motor vehicle acci­dent, leaving surviving him a wife and three infant children. The children's share of his estate totalled $100,000. The Registrar of Probate advised the wife that she had to be appointed guardian of the estates of her children and that security had to be posted ($150,000 bond). The administrator of Waugh's Estate applied for a determination as to whether security was required and whether the surviving parent had to apply to be appointed guardian of the children's estates.

The Nova Scotia Probate Court held that s. 5 of the Guardianship Act made the sur­viving parent guardian unless the court appointed another guardian. Section 7(1) provided for security by way of bond only if the guardian was appointed by the court under s. 6 of the Act. Accordingly, the wife was the guardian of the children's estates under s. 5 (no court appointment needed) and security was not required.

Executors and Administrators - Topic 1170

Grant of probate or letters of administra­tion - Practice - Security - [See Infants - Topic 6086 ].

Infants - Topic 6086

Legal proceedings - Representation of infants - As guardian - Waugh died in a 2000 motor vehicle accident, leaving sur­viving him a wife and three infant children - The children's share of his estate totalled $100,000 - The Registrar of Probate advised the wife that she had to be appointed guardian of the estates of her children and that security had to be posted ($150,000 bond) - The administrator of Waugh's Estate applied for a determination as to whether security was required and whether the surviving parent had to apply to be appointed guardian of the children's estates - The Nova Scotia Probate Court held that s. 5 of the Guardianship Act made the surviving parent guardian unless the court appointed another guardian - Section 7(1) provided for security by way of bond only if the guardian was appointed by the court under s. 6 of the Act - Ac­cordingly, the wife was the guardian of the children's estates under s. 5 (no court appointment needed) and security was not required.

Statutes Noticed:

Guardianship Act, R.S.N.S. 1989, c. 189, sect. 3(a), sect. 5, sect. 6(1), sect. 7(1) [para. 3].

Probate Court, S.N.S. 2000, c. 31, sect. 8(1)(g) [para. 2].

Counsel:

J. Ronald Creighton, Q.C., for the Estate of Wayne Waugh.

This application was heard on April 27, 2001, before Scanlan, J., of the Nova Scotia Probate Court, who delivered the following judgment on May 7, 2001.

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