What is the test for establishing a substantial proprietorship in the intestate?
Newfoundland and Labrador, Canada
The following excerpt is from Mugford v Mugford, 1992 CanLII 7138 (NL CA):
In Cooper v. Cooper (1874), L.R. 7 H.L. 53, at page 65, Lord Cairns, L.C., said: “... As regards substantial proprietorship the right of the next of kin remains clear to every item of the personal estate of the intestate subject only to those paramount claims of creditors.”
In Laing and Chard v. Jackson (1978), 20 Nfld. & P.E.I.R. 352; 53 A.P.R. 352, a case not unlike this one, the issues were resolved on the basis of beneficial interests of next of kin in land of the estate of a deceased person.
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