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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.