SUPREME COURT OF NOVA SCOTIA
Citation: Baird Estate (Re), 2014 NSSC 444
Date: 20141216
Docket: Pictou No. 418536
Probate Court File No. P-20947
Registry: Pictou
IN THE ESTATE OF HELEN BAIRD
Application by Grace Whitford for Proof in Solemn Form
LIBRARY HEADING
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Judge: The Honourable Justice N. Scaravelli
Final Written
Submissions: August 29, 2014, Jill Graham-Scanlan
September 3, 2014, Keith MacKay
Written Decision: December 16th, 2014
Subject: Costs on an estate dispute.
Summary: Applicant (appointed Executrix under prior Will) applied for Proof in Solemn Form of second Will on grounds of lack of testamentary capacity. The trial judge found the second Will valid and reserved decision on costs. Respondents sought costs against applicant personally on the basis that there was little significance between the two Wills and the respondent refused a reasonable settlement offer.
Result: Solicitor and client costs awarded to the respondent to be taxed and payable to the estate. No costs payable by the applicant as she was able to establish suspicious circumstances at trial and her conduct fell short of that required for an order of costs payable by her. No costs awarded to applicant.