The issue of security for costs in an estate litigation arose in
Devlin Estate (Re), 2020 NSSC 77. Security for costs is a remedy
available to parties defending a claim where, if they were
successful in defending the claim, they would fact undue difficulty
in collecting a costs award made against the unsuccessful claimant.
One example of where security for costs may be awarded is where the
claimant resides outside the province. Security for costs is a
discretionary remedy.
The Applicant in Devlin Estate, Catherine Summerfield, was the
named executor in a holographic (handwritten) will made by the
deceased, Michael Devlin. The original holographic will had been
lost, but there was a copy of it from a photograph taken on a
phone. Ms. Summerfield applied to the Probate Court to have the
photo of the holographic will recognized as the valid will of
Michael Devlin, by way of proof in solemn form.
