MacRae Estate (Re)

MacRae Estate (Re)

The presumption of undue influence, though triggered by the dominant mother-son relationship, was rebutted by consistent contemporaneous statements and family acknowledgement of Sadie’s intent and by evidence that Sadie knew and intended that Vincent should be eventual owner; Sadie was competent in 1995. Given Sadie’s clear intention and Vincent’s significant contributions and occupation of the farm, a resulting trust was established in favour of Vincent’s estate. Consequently the personal representative must quitclaim the estate’s interest in the St. Rose property to Vincent’s estate. The court awarded that most lease proceeds received by Vincent after joint title were properly his and...

Citation
2010 NSSC 157
Parties
Claimant and Personal Representative of the Estate of Vincent Mac Rae: Theresa MacRae; Respondents (heirs of Mary Sarah Mac Rae): Respondent Heirs; Proctor of the Estate of Mary Sarah Mac Rae: Cory Binderup; Deceased (testatrix / Estate Subject): Mary Sarah MacRae; Administrator of the Estate of Mary Sarah Mac Rae: Angus MacRae
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 April 2010
Procedural Posture
Estate Administration / Probate Dispute (claim Against Estate) / Judgment (final Decision on Claim)
Outcome
Claim allowed in part: court finds resulting trust in favour of Vincent’s estate and orders estate representative to quitclaim the farm to Vincent’s estate; specified transfer of lease proceeds; costs to be briefed.
Legal Topics
Resulting Trust, Constructive Trust, Undue Influence Presumption and Rebuttal, Joint Tenancy and Survivorship, Intestate Succession, Estate Accounting (lease Proceeds), Tax Consequences (deemed Disposition)
Source Language
English
Succession/estates Trusts and Equity Property Law Probate Undue Influence Resulting Trust Constructive Trust Undue Influence Presumption and Rebuttal +4 more

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Parties

Theresa MacRae

Claimant and Personal Representative of the Estate of Vincent Mac Rae

Respondent Heirs

Respondents (heirs of Mary Sarah Mac Rae)

Cory Binderup

Proctor of the Estate of Mary Sarah Mac Rae

Mary Sarah MacRae

Deceased (testatrix / Estate Subject)

Angus MacRae

Administrator of the Estate of Mary Sarah Mac Rae

Procedural Posture

Estate Administration / Probate Dispute (claim Against Estate) / Judgment (final Decision on Claim)

Legal Issues

  1. 1 Whether the 1995 deed creating joint tenancy between Sadie and her son Vincent was procured by undue influence
  2. 2 Whether Sadie had testamentary/contractual capacity in 1995 to effect the deed
  3. 3 Whether a resulting or constructive trust arises in favour of Vincent’s estate in respect of the St. Rose property

Ratio Decidendi

The presumption of undue influence, though triggered by the dominant mother-son relationship, was rebutted by consistent contemporaneous statements and family acknowledgement of Sadie’s intent and by evidence that Sadie knew and intended that Vincent should be eventual owner; Sadie was competent in 1995. Given Sadie’s clear intention and Vincent’s significant contributions and occupation of the farm, a resulting trust was established in favour of Vincent’s estate. Consequently the personal representative must quitclaim the estate’s interest in the St. Rose property to Vincent’s estate. The court awarded that most lease proceeds received by Vincent after joint title were properly his and...

Court Disposition

Claim allowed in part: court finds resulting trust in favour of Vincent’s estate and orders estate representative to quitclaim the farm to Vincent’s estate; specified transfer of lease proceeds; costs to be briefed.

Orders

  • Personal representative (Proctor) of Mary Sarah MacRae’s estate shall quit claim its interest in the St. Rose property to the estate of Vincent (Vinnie) MacRae.
  • If the $5,124.00 cheque payable to Sadie’s estate has been cashed, $5,124.00 shall be transferred to Vincent’s estate; otherwise the cheque payable to Sadie’s estate should be payable to Vincent’s estate.