SUPREME COURT OF NOVA SCOTIA
Citation: Hopgood Estate (Re), 2015 NSSC 351
Date: 2015-12-01
Docket: HFX No. 443265
Probate No. 58689
Registry: Halifax
IN THE COURT OF PROBATE FOR NOVA SCOTIA
IN THE ESTATE OF CORINNE MABEL HOPGOOD, Deceased
LIBRARY HEADING
Judge: The Honourable Justice Allan P. Boudreau
Heard: December 1, 2015, in Halifax, Nova Scotia
Written Decision: December 7, 2015
(Oral decision was rendered on December 1, 2015)
Subject: Wills - Deadline for Contesting - Factors to be considered in Application to Extend Deadline.
Summary: Nancy Unser has made a Motion to extend the time for contesting the validity of the Will of the late Corinne Mable Hopgood, some four years after Probate granted.
The Motion is opposed by one of the Residual Beneficiaries, The Salvation Army. This Residual Beneficiary has also filed an objection to certain payments made by the Estate’s Executor, Christopher Hopgood; however, that is for another day.
Issue: (1) Has Applicant met the minimum “threshold” test?
(2) Is it just to grant a challenge to the Will, four years after Probate granted?
Result: Found Applicant had not met minimum “threshold” test and that it would be unjust to grant an extension to challenge the validity of the Will in the circumstances of the case.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.