MacQuarrie Estate (Re)

MacQuarrie Estate (Re)

The Probate Court ruled the claim did not effect the judicial administration of the estate and concerned title to real property and parties beyond the estate; accordingly the Probate Court lacked jurisdiction and the claim must be brought in the Supreme Court.

Source-derived case information.

Citation
2008 NSSC 108
Parties
Applicant/respondent: Estate of Daniel Angus MacQuarrie; Respondent/claimant: Martin MacQuarrie
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 April 2008
Procedural Posture
Probate / Application to Dismiss for Lack of Jurisdiction (hearing in Chambers)
Outcome
Application allowed; claimant's s.63 claim dismissed for lack of jurisdiction subject to a 60-day stay to allow recommencement in Supreme Court
Legal Topics
Constructive Trust, Unjust Enrichment, Quantum Meruit, Probate Court Jurisdiction, Devolution of Real Property
Source Language
english
Probate Equity Property Law Jurisdiction Estates Constructive Trust Unjust Enrichment Quantum Meruit +2 more

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Parties

Estate of Daniel Angus MacQuarrie

Applicant/respondent

Martin MacQuarrie

Respondent/claimant

Procedural Posture

Probate / Application to Dismiss for Lack of Jurisdiction (hearing in Chambers)

Legal Issues

  1. 1 Whether the Probate Court has jurisdiction to hear claims to real property arising after the decedent's death
  2. 2 Whether the claimant's s.63 claim properly effects the judicial administration of the estate
  3. 3 Whether equitable claims (constructive trust, unjust enrichment, quantum meruit) fall within Probate Court jurisdiction

Ratio Decidendi

The Probate Court ruled the claim did not effect the judicial administration of the estate and concerned title to real property and parties beyond the estate; accordingly the Probate Court lacked jurisdiction and the claim must be brought in the Supreme Court.

Court Disposition

Application allowed; claimant's s.63 claim dismissed for lack of jurisdiction subject to a 60-day stay to allow recommencement in Supreme Court

Orders

  • Order dismissing Martin MacQuarrie’s claim against the Estate of Daniel Angus MacQuarrie for lack of jurisdiction
  • Dismissal stayed for sixty (60) days from receipt of notice of this decision to permit the claimant to commence action in the Supreme Court