Skanes v Skanes Estate

Skanes v Skanes Estate

Respondent was removed because he failed to comply with the court's order to file a detailed affidavit accounting and supporting documents, neglected to administer and settle a straightforward estate within seven years of death and six years after probate, used estate funds in his own business creating a conflict of...

Source-derived case information.

Citation
2022 NSSC 381
Parties
Applicant; Residual Beneficiary: Mark Randall Skanes; Respondent; Personal Representative of the Estate: Paul Gordon Skanes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 January 2023
Procedural Posture
Application Under the Probate Act for Removal of a Personal Representative / Hearing and Decision (application Allowed)
Outcome
Application allowed; respondent removed as personal representative and alternate appointed; respondent ordered to account and to pay costs personally
Legal Topics
Removal of Personal Representative, Accounting and Disclosure, Conflict of Interest, Pre Taking of Executor's Commission, Costs and Personal Liability, Clearance Certificate and Tax Filings
Source Language
english
Probate Estate Administration Trusts and Fiduciary Obligations Civil Procedure Tax (estate) Removal of Personal Representative Accounting and Disclosure Conflict of Interest +3 more

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Parties

Mark Randall Skanes

Applicant; Residual Beneficiary

Paul Gordon Skanes

Respondent; Personal Representative of the Estate

Procedural Posture

Application Under the Probate Act for Removal of a Personal Representative / Hearing and Decision (application Allowed)

Legal Issues

  1. 1 Whether the respondent should be removed as personal representative under s.61(1) of the Probate Act
  2. 2 Whether respondent failed to comply with a court order to file a detailed accounting
  3. 3 Whether respondent neglected to administer or settle the estate within a reasonable time

Ratio Decidendi

Respondent was removed because he failed to comply with the court's order to file a detailed affidavit accounting and supporting documents, neglected to administer and settle a straightforward estate within seven years of death and six years after probate, used estate funds in his own business creating a conflict of interest with beneficiaries (including minors), and pre-took executor's fees before settlement such that removal and appointment of the alternate executor was necessary to protect beneficiaries; costs were ordered against him personally given his failure to carry out duties.

Court Disposition

Application allowed; respondent removed as personal representative and alternate appointed; respondent ordered to account and to pay costs personally

Orders

  • Paul Gordon Skanes is removed as personal representative of the Estate of Mildred Jean Skanes effective immediately
  • Robert MacDougall is appointed as personal representative of the Estate effective immediately