de Vries Litigation
by Diane Vieira
July 10th, 2025
A recent Nova Scotia case highlights the importance of insuring that the proper legal name for a charity is included in a will. Often, that is more difficult than it first appears as the names of charities and institutions can change over the years.
The Public Trustee, who was administering the Deceased’s estate, brought an application for the advice and direction of the court with respect to the distribution of the residue clause in the Deceased’s Will.
The Deceased’s Will gifts one-third of the estate’s residue to the “Saint Matthias Anglican Church of Halifax, Nova Scotia, to be used for the upkeep and restoration of the building.”
The Solicitor’s notes indicates that in 1997, when the Deceased provided their instructions, they gave the name of the church along with the nearby intersection.
However, in 2011, Saint Matthias Anglican Church’s building and property was deeded and sold to the Saint Antonios Antiochian Orthodox Church. Saint Matthias was amalgamated along with another Anglican Parish to become the Anglican Church of the Apostles of Halifax.
