Can a personal representative obtain a copy of the personal representative’s file to determine who is the executor and sole beneficiary of the deceased's estate?

Nova Scotia, Canada


The following excerpt is from Dumke v. Conrad, 2019 NSSC 310 (CanLII):

In Stapleton v. Doe, 2017 BCSC 12, the plaintiff was the executor and sole beneficiary of her father’s estate. Four months prior to his death, the deceased purchased an insurance policy and named the plaintiff as beneficiary but then changed the beneficiary to an unknown party two months later. At around the same time the deceased consulted a lawyer about estate planning. The personal representative sought a copy of the lawyer’s file. The court considered the relevance of the file sought and found that the lawyer’s file was relevant to the testamentary capacity and intentions of the deceased.

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