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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.

 

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