Adams v. MacDonald

Decided: 2026-09-28. Docket: CA 546084. Citation: 2026 NSCA 69 (CanLII). Estates and wills — Wills — Devise of real property — Life interest — Whether Christina’s Will devised the homestead property to the four daughters — Gift of homestead lot “after his death” to four daughters — Real property gifted in a Will vested on death (Wills Act) — Appeal allowed | Property — Real property — Beneficial title — Equitable interest — Whether quit claim could transfer beneficial title or eliminate daughters’ interests — Executor and Trustee could not quit claim what Estate did not beneficially own — Legal title held subject to equitable interests and recorded Will notice — Trial orders set aside | Estates and wills — Executors and trustees — Power of sale — Whether Trustee’s power to sell authorised