Arron Estate (Re)

Arron Estate (Re)

Clause 6(g) is not materially ambiguous: it confers an option/right to purchase on Louis Wolfson at a price equal to the average of two AAIC appraisals less 10%; the executrixes retain general discretion but must act with dispatch and reasonableness to effect the testator's intention; the court, exercising statutory powers, may fix appraisal update and closing deadlines to remedy unreasonable delay and effect the will.

Citation
2012 NSSC 292
Parties
Applicant (proctor of the Estate): Franklyn D. Medjuck, Q.C.; Respondent (co Executrix and Beneficiary): Louise Wolfson; Respondent (co Executrix and Beneficiary): Malerie Arron Shusterman; Respondent (grandson / Prospective Purchaser): Louis Wolfson; Respondent (beneficiary): Pamela Covens; Respondent (beneficiary): Elissa Arron Purl
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 August 2012
Procedural Posture
Probate Interpretation of Will / Chambers Application (interpretation of Clause 6(g) and Directions)
Outcome
Application granted in part: court declared clause 6(g) confers purchase option on Louis Wolfson at formula price and issued mandatory directions fixing appraisal/update and closing deadlines and costs allocation.
Legal Topics
Will Interpretation, Option to Purchase, Right of First Refusal, Executors' Duties, Appraisal Procedure, Timing/closing of Sale, Costs
Source Language
English
Probate Estate Law Wills and Succession Will Interpretation Option to Purchase Right of First Refusal Executors' Duties Appraisal Procedure +2 more

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Parties

Franklyn D. Medjuck, Q.C.

Applicant (proctor of the Estate)

Louise Wolfson

Respondent (co Executrix and Beneficiary)

Malerie Arron Shusterman

Respondent (co Executrix and Beneficiary)

Louis Wolfson

Respondent (grandson / Prospective Purchaser)

Pamela Covens

Respondent (beneficiary)

Elissa Arron Purl

Respondent (beneficiary)

Procedural Posture

Probate Interpretation of Will / Chambers Application (interpretation of Clause 6(g) and Directions)

Legal Issues

  1. 1 Whether clause 6(g) of the Will is ambiguous
  2. 2 Who has the authority to set the closing date for sale under clause 6(g)
  3. 3 Who selects and pays for appraisers provided for in clause 6(g)

Ratio Decidendi

Clause 6(g) is not materially ambiguous: it confers an option/right to purchase on Louis Wolfson at a price equal to the average of two AAIC appraisals less 10%; the executrixes retain general discretion but must act with dispatch and reasonableness to effect the testator's intention; the court, exercising statutory powers, may fix appraisal update and closing deadlines to remedy unreasonable delay and effect the will.

Court Disposition

Application granted in part: court declared clause 6(g) confers purchase option on Louis Wolfson at formula price and issued mandatory directions fixing appraisal/update and closing deadlines and costs allocation.

Orders

  • Clause 6(g) of the Will confers an option to purchase the properties on Louis Wolfson, to be exercised at a sale price determined by the clause formula.
  • Each property shall be appraised by two appraisers: one selected and paid by Louis Wolfson and one selected by the Proctor (on behalf of the co-executrixes) to be paid from the Estate; appraisals to be by AAIC members and any updating completed on or before August 15, 2012.