Keating v. Keating

Keating v. Keating

Rachel was removed because she failed to comply with the Registrar's Order by not producing required bank statements, intermingled estate funds by not using the Estate Account, failed to rebut the presumption of resulting trust as to joint accounts, and thereby prevented proper accounting and passing of accounts; removal and specified remedial orders were necessary to protect beneficiaries and allow administration to proceed.

Citation
2024 NSSC 207
Parties
Applicant / Co Personal Representative: Gary Keating; Respondent / Co Personal Representative: Rachel Keating
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 July 2024
Procedural Posture
Probate Application to Remove Co Personal Representative / Decision on Application (hearing July 11, 2024; Decision July 12, 2024)
Outcome
Rachel removed as co-personal representative; Gary Keating continues as sole personal representative.
Legal Topics
Removal of Executor/co Personal Representative, Accounting and Passing of Accounts, Resulting Trust and Joint Accounts, Intermingling of Estate Funds, Costs
Source Language
English
Probate Estate Administration Trusts Civil Procedure Removal of Executor/co Personal Representative Accounting and Passing of Accounts Resulting Trust and Joint Accounts Intermingling of Estate Funds +1 more

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Parties

Gary Keating

Applicant / Co Personal Representative

Rachel Keating

Respondent / Co Personal Representative

Procedural Posture

Probate Application to Remove Co Personal Representative / Decision on Application (hearing July 11, 2024; Decision July 12, 2024)

Legal Issues

  1. 1 Whether Rachel failed to comply with the Registrar's Order to produce bank statements and cooperate in passing accounts
  2. 2 Whether Rachel's conduct (intermingling funds, alleged misallocations and unauthorized disbursements) justifies removal as co-personal representative
  3. 3 Whether funds in joint accounts are part of the Estate or subject to a presumption of resulting trust

Ratio Decidendi

Rachel was removed because she failed to comply with the Registrar's Order by not producing required bank statements, intermingled estate funds by not using the Estate Account, failed to rebut the presumption of resulting trust as to joint accounts, and thereby prevented proper accounting and passing of accounts; removal and specified remedial orders were necessary to protect beneficiaries and allow administration to proceed.

Court Disposition

Rachel removed as co-personal representative; Gary Keating continues as sole personal representative.

Orders

  • Rachel removed as co-personal representative of the Estate of Nanette Elizabeth Keating.
  • Gary Keating shall continue as sole personal representative.