Meagher Estate v. Foran

Meagher Estate v. Foran

Registrar Atton exceeded her authority by treating unrelated solicitor invoices as estate liabilities; the respondents failed to establish any legal foundation or cause of action to charge the estate, the consent order and cited statutory provisions did not authorize the award, and therefore the appeal is allowed and the orders requiring payment of those accounts are set aside.

Citation
2003 NSSC 5
Parties
Executor and Appellant (also in Personal Capacity): George Meagher; Executor and Appellant: Marven C. Block, Q.C.; Appellant (residual Legatee): Lisa Crull; Appellant (residual Legatee): Shelagh Meagher; Appellant (residual Legatee): Maureen Garbers; Appellant (residual Legatee): Lindsay Meagher; Appellant (residual Legatee): William Meagher; Respondent (residual Legatee): Elizabeth Foran; Respondent (residual Legatee): Margaret Reynolds; Respondent (residual Legatee): John Francis Meagher
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 January 2003
Procedural Posture
Appeal Pursuant to Section 163 of the Probate Act / Decision on Appeal
Outcome
Appeal allowed; Registrar's allowance of respondents' legal-expense claim set aside.
Legal Topics
Executor Duties, Taxation of Costs, Jurisdiction and Powers of Probate Registrar, Consent Orders and Their Scope, Remedies Including Accounting and Removal of Executors
Source Language
English
Probate Law Estate Administration Civil Procedure Costs Law Executor Duties Taxation of Costs Jurisdiction and Powers of Probate Registrar Consent Orders and Their Scope +1 more

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Parties

George Meagher

Executor and Appellant (also in Personal Capacity)

Marven C. Block, Q.C.

Executor and Appellant

Lisa Crull

Appellant (residual Legatee)

Shelagh Meagher

Appellant (residual Legatee)

Maureen Garbers

Appellant (residual Legatee)

Lindsay Meagher

Appellant (residual Legatee)

William Meagher

Appellant (residual Legatee)

Elizabeth Foran

Respondent (residual Legatee)

Margaret Reynolds

Respondent (residual Legatee)

John Francis Meagher

Respondent (residual Legatee)

Procedural Posture

Appeal Pursuant to Section 163 of the Probate Act / Decision on Appeal

Legal Issues

  1. 1 Whether the Registrar of Probate had authority to order the estate to pay the minority beneficiaries' legal expenses
  2. 2 Whether the January 2001 consent order or provisions of the Probate Act (s.11(c), s.131(1), s.153(2)) authorized charging future legal expenses to the estate
  3. 3 Whether a cause of action was made out to treat the invoices as estate liabilities

Ratio Decidendi

Registrar Atton exceeded her authority by treating unrelated solicitor invoices as estate liabilities; the respondents failed to establish any legal foundation or cause of action to charge the estate, the consent order and cited statutory provisions did not authorize the award, and therefore the appeal is allowed and the orders requiring payment of those accounts are set aside.

Court Disposition

Appeal allowed; Registrar's allowance of respondents' legal-expense claim set aside.

Orders

  • Respondents' claim for legal expenses against the estate is disallowed and payment of the invoices is not ordered
  • If counsel cannot agree on costs of this appeal they may seek a court date or submit written submissions to the judge