Why Estate Planning is Particularly Important for people in Common Law Relationships in Nova Scotia

/ Highlander Law Group/

While people know that being in a common law relationship in Nova Scotia is not the same as being married. If you are married, you automatically have “matrimonial” rights and obligations in the event that you pass away or require medial attention. Not so with common law couples. No matter how long you are together there are few ‘automatic’ rights afforded to common law spouses. Here are some ways to ensure your wishes are followed:

THERE IS NO AUTOMATIC INHERITANCE FOR COMMON LAW SPOUSES IN NOVA SCOTIA

  • Get a Will done. Your common law spouse is not automatically entitled to inherit under Nova Scotia’s Intestate Succession Act legislation, which is the law that determines where a person’s assets go if they die without a Will.

    SPOUSE IS JUST ONE OF THE DEFAULT OPTIONS UNDER NOVA SCOTIA’S SUBSTITUTED DECISION MAKING LAWS

  • Get a personal health directive - in the event that you are injured or ill can and cannot make decisions for yourself - your common law spouse can speak for you, but only if they are deemed your ‘nearest relative’ under Nova Scotia’s Personal Directives Act. Having a Personal Directive in place appointing your Common Law Spouse takes away the uncertainty as to who will make your decisions for you.

    MAKE YOUR COMMON LAW SPOUSE CO-OWNER OF YOUR HOME

  • If it is your intention that your common law spouse will own your home after you die, one option is to add them as a joint owner to the property now using a Quit Claim Deed. If they are not on title and you do not have a Will, it will be an uphill battle at best for them to inherit any property.

By: Briana C. O’Grady J.D

Have Questions For Us?:

If you have any questions about an issue with a property in Nova Scotia process, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.

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