Navigating the Legal Process: What Happens When an Executor is Out of Province and Appointed in Nova Scotia?

When an individual is appointed as an executor in Nova Scotia but resides outside the province, there are specific legal steps and considerations that must be followed to ensure the administration of the estate is handled correctly. Understanding these steps can help alleviate confusion and streamline the process. Below, we’ll walk through key points related to the role of an executor who resides outside Nova Scotia. Note this article provides legal information, not legal advice. Reading this article should not be construed as obtaining legal advice from Ross Estate Law.

1. Extra-Provincial Grants of Administration and Probate

Executors who are domiciled outside Nova Scotia must obtain an extra-provincial grant of administration or probate. This process ensures that the executor is legally authorized to act on behalf of the deceased in Nova Scotia. The required forms for this process include Form 11B (Application for Extra-Provincial Grant of Administration with the Will Annexed) and Form 11 (Application for Extra-Provincial Grant of Probate), as outlined in the Probate Court Practice, Procedure and Forms Regulations under the Nova Scotia Probate Act.

This extra-provincial grant is essential for anyone residing outside the province, as it grants them the legal authority to manage assets, debts, and obligations tied to the estate within Nova Scotia.

2. Administration Rights

Even though an executor resides outside Nova Scotia, they can still apply for a grant of administration with the will annexed—provided the deceased had property in the province at the time of their death. The executor must affirm that the grant of administration remains in full force and effect, and that they have not been discharged by the court. These steps ensure that the executor’s authority to manage the estate is valid and recognized.

3. Renunciation and Nomination

In certain situations, the executor may be unable to fulfill their role—whether due to personal reasons, distance, or other factors. In these cases, the named executor can renounce their right to a grant of administration. Alternatively, they may nominate another individual to take on the responsibility of administering the estate. This process is formalized through Form 16 (Renunciation, Nomination, and Consent to Appointment of Personal Representative), which provides a clear mechanism for changing the executor if necessary.

4. Reservation of Rights

If an executor who is based in Nova Scotia finds themselves temporarily unable to act (for instance, due to travel or personal circumstances), they can reserve their right to apply for a grant of probate at a later time. This is accomplished through Form 7 (Reservation of Right to Apply for Grant of Probate). In the interim, they may consent to another individual administering the estate temporarily. This process ensures that the estate is managed in the absence of the primary executor while still maintaining the eventual right of the original executor to resume their role.

5. Case Law: The Hubley Case

In the case of Hubley (Estate of) v. Hubley, an executor who was residing out of province was re-appointed as the "Estate Trustee without a Will" by the Ontario Superior Court of Justice. Subsequently, this individual obtained an extra-provincial grant of administration from the Nova Scotia Court of Probate. This case serves as an important example of how cross-jurisdictional estates are handled and the importance of obtaining the proper legal grants when an executor is based outside the jurisdiction where the estate is located.

Conclusion

For an executor residing outside of Nova Scotia, navigating the legal process to administer an estate in the province involves obtaining the appropriate legal grants, understanding renunciation and nomination options, and ensuring that all formalities are adhered to. Whether the executor is temporarily unavailable or unable to act, the system provides several options to ensure the estate is managed properly.

It's important to note that the legislation surrounding these processes may be updated or amended over time, so consulting with legal professionals and ensuring compliance with the latest laws is recommended. By following the necessary procedures, an out-of-province executor can effectively fulfill their role and manage the estate in Nova Scotia.

This blog post provides a general overview of the process, but it’s always wise to seek legal advice tailored to your specific situation.

Please note that the information provided in this blog post is for general informational purposes only and is not intended as legal advice. Reading this post does not create an attorney-client relationship, and the information shared here should not be relied upon as a substitute for professional legal counsel. If you require personalized legal advice regarding estate planning or any related matters, we encourage you to schedule a consultation with Ross Estate Law to discuss your unique circumstances.