What registrars can — and cannot — do in probate was the focus of a candid discussion at the 2025 CBA Nova Scotia Annual Conference. This article highlights key procedural expectations, common problem areas, and practical guidance for estate practitioners.
At the November 2025 CBA Nova Scotia Annual Professional Development Conference, registrars and estate practitioners engaged in a candid discussion of probate procedures, compliance, and recurring problem areas in Nova Scotia estate practice. A consistent theme emerged throughout the session: registrars are committed to helping estates move forward efficiently, but their discretion is strictly limited by legislation. As they explained at the presentation, “Registrars want to help estates move forward — but their discretion ends where the legislation begins.”
Exhibiting the Original Will
One of the clearest messages concerned the proper exhibition of original wills. Under Civil Procedure Rule 39.09, the will should not be marked directly. Instead, it should be attached to a separate exhibit page identifying it as Exhibit “A.” Registrars acknowledged that earlier uncertainty led to inconsistent practices, but the expectation is now uniform across the province.
Registry-provided forms are intended as guides rather than rigid precedents. Applications are assessed using a practical, common-sense approach, with the focus on whether the affidavit, exhibit, and will clearly connect.
Codicils and Supporting Affidavits
Where codicils exist, each document must be clearly identified and properly exhibited. Either combined or separate affidavits may be used, depending on the circumstances. Registrars noted, however, that unnecessary references to codicils where none exist remain a frequent and avoidable source of confusion.
Security for Estates: Statutory Limits
The limits on waiving or reducing security were emphasized in strong terms. Registrars have very little discretion under the Probate Act and Probate Regulations, particularly in intestacies, estates involving minor or incapable beneficiaries, or cases where beneficiaries cannot be clearly identified.
Although letters of credit are referenced in the regulations, registrars cautioned that they present practical enforcement concerns and are not a reliable substitute for statutory security.
Intestacies and Family Conflict
Family conflict, missing beneficiaries, and difficult interpersonal dynamics are common features of intestate estates, and registrars acknowledged the challenges these situations create. However, such circumstances do not alter statutory requirements.
While joint applications or irrevocable disclaimers may assist in some cases, conflict alone does not justify waiving security.
Proving a Will When Witnesses Are Unavailable
When witnesses to a will cannot be located, registrars outlined the available methods of proving execution, emphasizing that both the deceased’s signature and at least one witness signature must be addressed. Incomplete proof remains one of the leading causes of delay.
If execution cannot be established, probate must be refused and the estate proceeds as an administration.
Affidavits Sworn Outside Nova Scotia
Affidavits sworn outside Nova Scotia are generally acceptable if taken before a qualified official. An affidavit of authorization is now rarely required and should only be pursued with prior registrar approval. Seeking approval after the fact continues to cause avoidable complications.
Estate Valuation and Encumbrances
With respect to estate valuation, registrars confirmed that registered encumbrances such as mortgages may be deducted, while unsecured debts may not. Where values appear unusually low, brief contextual information is usually sufficient, and exact figures are not required at the filing stage.
Executor Issues
If an applicant is not the first-named executor, the reason should be stated clearly but briefly. Registrars confirmed that death certificates are not required for executors who died many years ago, particularly in older estates.
Taxation of Accounts
Registrars reaffirmed that the Lunenburg (Bloomberg) Scale has been abolished. Taxation of accounts is governed by the Probate Act, Probate Regulations, and applicable procedural rules, with increasing emphasis on consistency and transparency.
Fees for expert advice are assessed based on necessity, benefit to the estate, and overall reasonableness.
Concluding Observations
Overall, the session reinforced that effective probate practice depends on clarity, preparation, and an understanding of the statutory limits within which registrars operate. Early attention to these issues remains the most reliable way to avoid delay and move estates forward efficiently.