Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
If a property is owned in joint tenancy by more than one person, then all owners must consent to the sale in writing. (If you’re not sure if the property is owned in joint tenancy vs as tenants in common review our blog on the topic to help you understand the difference) However, if an owner is no longer competent, then someone must consent on their behalf.
Read MoreThe important thing to remember in a circumstance such as this one is that a person can only direct who inherits their estate assets with a Will. The critical question to determine is, did the property belong to the testator at the time of his death, or was he only holding it in trust for the person he promised it to?
Read MoreBeing appointed as an executor of an estate is a position of trust and responsibility. Unfortunately, there may be instances where an executor fails to fulfill their duties adequately, causing distress and complications for the beneficiaries of the estate. In such cases, it may be necessary to remove the appointed executor using the Nova Scotia Probate Court.
Probate Court provides a legal avenue for addressing issues related to the administration of an estate. If you’re in Nova Scotia and find yourself in a situation where the executor is not carrying out their duties appropriately. This blog outlines the steps you can take to have them removed.
While people know that being in a common law relationship is not the same as being married, which automatically creates “matrimonial” rights and obligations for your spouse in the event that you pass away or require medial attention.
Read MoreI can't count the number of times a friend or family of a deceased person came into our office with a “do it yourself” Will that couldn't be used because something was done wrong or missing. In theory, online “do it yourself” Will kits are supposed to save you money. Unfortunately, in many cases, issues with these Wills end up causing the person left trying to manage the estate significant time, stress, and money in legal fees to sort out the problem.
Read MoreIf the estate requires Probate, the first document you submit to the court will require you to estimate the value of the deceased person’s estate at the time of their death. In many cases, assets may have been sold or money received into the estate after the person died, but for the purposes of calculating the value of the estate for Probate, you only include the assets as at the time of death.
Read MoreProbate Tax in Nova Scotia is applied to the full value of the assets in a deceased person’s estate, IF the estate is handled through the Probate Court. Not all estates require Probate. If you’re not sure if Probate is required, read our blog HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?
Read MoreIn Nova Scotia, there is absolutely no obligation for you to disclose what is in any of your estate planning documents. That said, there are a number of circumstances when having a frank conversation with your executors and beneficiaries in advance of your death may avoid an unpleasant (and often costly) conflict after you are gone.
Read MoreIn Nova Scotia, what happens to your estate if you die without a valid Will is determined by the Intestate Succession Act. The Act outlines who will inherit your assets and in what proportion.
Read MoreIn Nova Scotia, the Probate Act , section 32, outlines who has priority over who to administer someone's estate if they die without naming an Executor in a valid Will. this applies both when a person dies without having made a will, when someone has made a will but it is deemed not valid or when a person has a valid will but does not name an Executor or any named executors have predeceased the person.
Read MoreIf there is a competent adult who is in any way interested in the estate, such as a next of kin, beneficiary under the Will or a creditor, the Public Trustee will generally prefer to renounce their ability to act as administrator or personal representative of an estate.
Read MoreIt is not necessary to Probate many estates. Probate is the process of having the Court essentially babysit the administration of an estate
Read MoreYour loved one has passed away and you now have to figure out how to handle their affairs. When a person has died, all of the assets that belong to them at the time of death is called their “estate”.
In some cases, if there is a Will, the executor can simply read through the Will and distribute the contents of the estate as outlined in the Will. In some cases, even if there is no Will, a friend or family member can organize and distribute the estate to the next of kin.
Read MoreOnce upon a time, in a land not too far from were you are reading this, there lived a kind man. When he was young, he married. A few years later he realized the marriage was a mistake and he separated from his wife. However, divorce is expensive and their separation was agreeable so they never went through with any formal paperwork. Time went on, and the man met another women who he fell in love with. She too was still married to her husband from an earlier chapter point in her life. They moved in together and had one child. Collectively, their family now had five children because he has two children from his previous marriage and she had two from hers. Life was grand, but then he died.
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In Nova Scotia, Probate is required if a person dies without a Will, if the Will is contested, or if there are assets within the estate which require probate (e.g. owning land or registered assets). Put simply, probate is the formal process where the court determines who will administer the estate, who the beneficiaries are, and which assets each beneficiary receives.
Read MoreWhile it may seem like a morbid topic of conversation, it is an important one to have. What happens to your home when you die? In Nova Scotia, typically, when the first spouse to passes away, the home simply stays with their surviving spouse. This happens because most spouses hold their homes as "joint tenants". This is only applicable in situations where both spouses are on title to the home, and listed as joint tenants. This designation is listed on the parcel register for your property and you can have a lawyer find this information for you if you are unsure of your current situation.
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