Blinn Estate (Re)

Blinn Estate (Re)

The application for proof in solemn form was not frivolous; the applicant reasonably relied on an independent lawyer's assessment of capacity and therefore should not be personally liable for costs. The court exercised its discretion under s.92 of the Probate Act and relevant authorities to order the objector's costs as executor paid from the estate on a solicitor and client basis and to order the applicant's costs paid from the estate on a party and party basis in the amount of $16,563 plus disbursements.

Citation
2013 NSSC 10
Parties
Applicant/propounder: Ginette Anne Comeau; Objector/respondent: Augustin Blinn; Deceased/testatrix: Emma Marie Blinn
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 January 2013
Procedural Posture
Probate Will Contest (proof in Solemn Form) / Post Trial Costs Determination
Outcome
Costs awarded: objector's costs as executor to be taxed and paid from the estate on a solicitor and client basis; applicant's costs to be paid from the estate on a party and party basis in the amount of $16,563 plus disbursements; no personal costs order against applicant.
Legal Topics
Testamentary Capacity, Undue Influence, Costs Awards, Proof in Solemn Form
Source Language
English
Probate Estate Law Wills and Succession Civil Procedure Testamentary Capacity Undue Influence Costs Awards Proof in Solemn Form

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Parties

Ginette Anne Comeau

Applicant/propounder

Augustin Blinn

Objector/respondent

Emma Marie Blinn

Deceased/testatrix

Procedural Posture

Probate Will Contest (proof in Solemn Form) / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the 23 January 2006 will was valid given testatrix's testamentary capacity
  2. 2 Whether the applicant should be personally liable for costs
  3. 3 Whether costs should be paid from the estate and on what basis (solicitor and client or party and party)

Ratio Decidendi

The application for proof in solemn form was not frivolous; the applicant reasonably relied on an independent lawyer's assessment of capacity and therefore should not be personally liable for costs. The court exercised its discretion under s.92 of the Probate Act and relevant authorities to order the objector's costs as executor paid from the estate on a solicitor and client basis and to order the applicant's costs paid from the estate on a party and party basis in the amount of $16,563 plus disbursements.

Court Disposition

Costs awarded: objector's costs as executor to be taxed and paid from the estate on a solicitor and client basis; applicant's costs to be paid from the estate on a party and party basis in the amount of $16,563 plus disbursements; no personal costs order against applicant.

Orders

  • Costs of Augustin Blinn (as executor/trustee) to be taxed and paid from the estate on a solicitor and client basis
  • Costs of Ginette Comeau to be paid from the estate on a party and party basis in the sum of $16,563 plus disbursements