Loughead Estate (Re)

Loughead Estate (Re)

Removal was warranted under s.61 because the personal representative's conduct—payments to himself based on an uncorroborated oral claim, unsecured loans to himself and close family delaying and endangering estate funds, and pre‑taking commission—created real conflicts of interest, endangered trust property, and was not in the best interests of the beneficiary; an independent personal representative was required and the applicant was appointed.

Citation
2013 NSSC 236
Parties
Applicant and Further Alternate Personal Representative: Kenda Harris; Respondent and Personal Representative (executor) Removed: Mark Loughead; Deceased: William Parker Loughead; Named Executor (renounced): Helen Loughead
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 June 2013
Procedural Posture
Probate Application Under the Probate Act to Remove a Personal Representative / Hearing and Written Decision (judgment)
Outcome
Personal representative removed and replacement appointed
Legal Topics
Removal of Personal Representative, Conflict of Interest, Breach of Fiduciary Duty, Accounting and Passing of Accounts, Estate Administration, Corroboration of Claims Against an Estate
Source Language
English
Probate Estate Law Trusts and Fiduciary Duties Civil Procedure Evidence Removal of Personal Representative Conflict of Interest Breach of Fiduciary Duty +3 more

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Parties

Kenda Harris

Applicant and Further Alternate Personal Representative

Mark Loughead

Respondent and Personal Representative (executor) Removed

William Parker Loughead

Deceased

Helen Loughead

Named Executor (renounced)

Procedural Posture

Probate Application Under the Probate Act to Remove a Personal Representative / Hearing and Written Decision (judgment)

Legal Issues

  1. 1 Whether the personal representative neglected to administer or settle the estate
  2. 2 Whether the personal representative wasted or endangered estate assets
  3. 3 Whether the personal representative acted in conflict of interest benefiting himself and non‑beneficiaries

Ratio Decidendi

Removal was warranted under s.61 because the personal representative's conduct—payments to himself based on an uncorroborated oral claim, unsecured loans to himself and close family delaying and endangering estate funds, and pre‑taking commission—created real conflicts of interest, endangered trust property, and was not in the best interests of the beneficiary; an independent personal representative was required and the applicant was appointed.

Court Disposition

Personal representative removed and replacement appointed

Orders

  • Mark Loughead is removed as executor/personal representative of the Estate of William Parker Loughead
  • Kenda Harris is appointed as personal representative of the Estate of William Parker Loughead