Supreme Court

Decision Information

Decision Content

                        IN THE PROBATE COURT OF NOVA SCOTIA

                         Citation: MacQuarrie Estate (Re), 2008 NSSC 108

 

 

Date: 20080416

Docket: Probate No. 4495

Registry: Port Hawkesbury

 

 

 

IN THE MATTER OF:   the Estate of Daniel Angus MacQuarrie,

late of Hays River, in the County of

Inverness and Province of Nova Scotia

 

 

 

 

 

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice C. Richard Coughlan

 

Heard:                            December 7, 2007 (in Chambers), Port Hawkesbury, Nova Scotia

Amended Affidavit

of Service Received:       February 8, 2008

 

Written Decision:  April 16, 2008

 

Subject:                          Courts - Jurisdiction of Probate Court re claims pursuant to s. 63 of the Probate Act, S.N.S. 2000, c. 31 

 


Summary:                      Testator died November 11, 1976, having made a will dated July 10, 1973.  A Grant of Probate with Will Annexed was granted on June 8, 2005.  All of the testator’s estate was left to one of his sons.  Another son filed a claim pursuant to s. 63 of the Probate Act, S.N.S. 2000, c. 31.  The claim was for a declaration the claimant was owner of certain real property by reason of unjust enrichment and/or guantum meruit or a constructive trust, or for damages on the basis of guantum meruit and/or unjust enrichment.  The claim appears to be based on events occurring subsequent to the testator’s death.

 

Issue:                    Does the Probate Court have jurisdiction to deal with the claim?

 

Result:                            The claim of Martin MacQuarrie is not a claim properly brought pursuant to s. 63 of the Probate Act, S.N.S. 2000, c. 31.  It does not effect or carry out the judicial administration of the Estate of Daniel Angus MacQuarrie.  It is a claim to certain real property which may involve persons other than the Estate.  The claim does not come within the jurisdiction of the Probate Court; rather, it is within the jurisdiction of the Supreme Court.

 

 

 

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