Clements Estate (Re)

Clements Estate (Re)

Because the agreed factual evidence established Mr. Clements died in the very early stages of the fire and substantial damage occurred after his death, legal title vested in the personal representatives at death while beneficial title vested in the devisees; under the Insurance Act coverage followed the change of title and the insurance proceeds are payable to the personal representatives to be held in trust for the beneficial owners (the devisees), therefore the devisees are entitled to the insurance proceeds.

Citation
2007 NSSC 168
Parties
Applicant; Executrix; Devisee: Barbara Lynn Durling; Applicant; Executrix; Residuary Beneficiary: Pamela Charlene Jefferson; Devisee: Rodney Durling; Residuary Beneficiary: Gary Clements; Residuary Beneficiary: Sandra Slaunwhite; Minor Beneficiary (represented): Allison Durling; Deceased Estate: Estate of William Frederick Clements
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 June 2007
Procedural Posture
Application for Directions in Estate Administration (probate) / Chambers Application — Judgment on Application for Directions
Outcome
Judgment for the devisees: insurance proceeds payable to the personal representatives to be held in trust for the devisees (Barbara Lynn Durling and Rodney Durling).
Legal Topics
Ademption, Vesting of Title, Insurance Proceeds, Devise of Real Property, Tracing/proceeds Exception
Source Language
English
Wills and Estates Insurance Law Property Law Succession Law Ademption Vesting of Title Insurance Proceeds Devise of Real Property +1 more

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Parties

Barbara Lynn Durling

Applicant; Executrix; Devisee

Pamela Charlene Jefferson

Applicant; Executrix; Residuary Beneficiary

Rodney Durling

Devisee

Gary Clements

Residuary Beneficiary

Sandra Slaunwhite

Residuary Beneficiary

Allison Durling

Minor Beneficiary (represented)

Estate of William Frederick Clements

Deceased Estate

Procedural Posture

Application for Directions in Estate Administration (probate) / Chambers Application — Judgment on Application for Directions

Legal Issues

  1. 1 Whether the specific devise of the cottage adeemed by reason of destruction or substantial damage occurring in connection with the testator's death
  2. 2 Whether insurance proceeds payable in respect of the fire loss belong to the devisees or fall into residue
  3. 3 When legal and equitable title vested and whether insurance coverage followed title

Ratio Decidendi

Because the agreed factual evidence established Mr. Clements died in the very early stages of the fire and substantial damage occurred after his death, legal title vested in the personal representatives at death while beneficial title vested in the devisees; under the Insurance Act coverage followed the change of title and the insurance proceeds are payable to the personal representatives to be held in trust for the beneficial owners (the devisees), therefore the devisees are entitled to the insurance proceeds.

Court Disposition

Judgment for the devisees: insurance proceeds payable to the personal representatives to be held in trust for the devisees (Barbara Lynn Durling and Rodney Durling).

Orders

  • Insurance proceeds arising from the fire loss are payable to the personal representatives of the estate of William Frederick Clements and are to be held in trust for the benefit of the devisees, Barbara Lynn Durling and Rodney Durling.