Halifax Lawyer Blog

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. .

February 27, 2024

if you are young & Healthy, Do you Need a Power of Attorney or Personal Healthcare Directive in Nova Scotia?

February 27, 2024/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, a Power of Attorney and Personal Healthcare Directive are documents you can use to appoint someone else to make decisions for you. The documents can come into effect right away or only upon your incompetence. The Power of Attorney appoints someone to take care of your property and finances. Your Personal Healthcare Directive appoints someone to take care of you, personally, specifically your medical and healthcare needs.

February 27, 2024

Does My Nova Scotia Power of Attorney Need a Witness to be Valid?

February 27, 2024/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, all things ‘Power of Attorney’ are governed by the recently updated (July 2022) Powers of Attorney Act.

The Act tells us that in order for a Power of Attorney executed after July 2022 to be valid, the donor’s signature must be witnessed by not just one, but TWO witnesses.

The following criteria must be met for the witnesses to be eligible:

February 20, 2024

Can I Still Make A Valid Nova Scotia Power of Attorney if I Physically Can’t Sign it Myself?

February 20, 2024/ Highlander Law Group/ Dianna Rievaj

The Act tells us that as long as the donor is over the age of majority (19+ in Nova Scotia) and still competent (See our blog on the level of competence required if you aren’t sure) a person can still grant their Power of Attorney even if they can’t physically sign it themselves.

February 13, 2024

Who is Qualified to be my Nova Scotia Power of Attorney?

February 13, 2024/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, all things ‘Power of Attorney’ are governed by the Powers of Attorney Act. The Act tells us that in order have the ability to act as your Attorney under a Power of Attorney the person you wish to appoint must:

February 06, 2024

What Will I Need to Provide if the Nova Scotia Probate Court Requires me to get an Estate Bond as Security to act as Executor or Administrator of an Estate?

February 06, 2024/ Highlander Law Group/ Dianna Rievaj

Nova Scotia Probate Court Can Require an Executor or Administrator to Post Security Prior to Opening the Estate

The Nova Scotia Probate Court can require a person applying for a Grant of Probate (Executor, when there is a Will) or a Grant of Administration (Where there is no Will) to post security in the amount of 1.5 times the value of the deceased person’s estate. Most commonly, this happens where there is no Will or the Executor(s) reside out of Province.

January 30, 2024

Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

January 30, 2024/ Highlander Law Group/ Dianna Rievaj

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:

January 23, 2024

How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

January 23, 2024/ Highlander Law Group/ Dianna Rievaj

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.

November 27, 2023

Spousal buyout? What is it – how does it work in Nova Scotia?

November 27, 2023/ Highlander Law Group/ Dianna Rievaj

So, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of. What does that mean?

Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.

November 13, 2023

Why is my Nova Scotia bank requiring me to get “Independent Legal Advice”?

November 13, 2023/ Highlander Law Group/ Dianna Rievaj

If you have rights to a property in Nova Scotia, usually by way of the Matrimonial Property Act, but you are not an official owner on title to the property, the owner of the property must get your consent before they can sell or encumber it (like a mortgage or line of credit). In almost all of these circumstances, you will have to sign the legal paperwork as the ‘Releasor’, meaning you are releasing your right to prevent the property from being sold or encumbered.

November 06, 2023

How Do I Add my Common Law Partner to the Title of my Nova Scotia home so they are an Owner too?

November 06, 2023/ Highlander Law Group/ Dianna Rievaj

Jane Doe purchased the property a number of years ago and is currently the sole owner. Several years remain on the mortgage. Jane wants to make sure her common law partner would become equal owner of the house, and would get it outright with as few complications as possible, if Jane died. Learn how to make it happen!

October 16, 2023

What’s the benefit of having a Co-habitation Agreement for my common law relationship in Nova Scotia

October 16, 2023/ Highlander Law Group/ Dianna Rievaj

What is a co-habitation agreement?

A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.

April 26, 2023

I Don’t have a deeded Right of Way Easement. Do I have still the right to travel over someone else’s property or road to access my property?

April 26, 2023/ Highlander Law Group/ Dianna Rievaj

The answer to that question, unfortunately, is a giant, “It Depends.”

The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.

The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.

April 19, 2023

Can I record an easement on a piece of land in Nova Scotia that has already been migrated to the Land Registration System?

April 19, 2023/ 800201071RT0001/ Dianna Rievaj

In Nova Scotia, once a property has been migrated to the Land Registration System, the rules under the Land Registration Act take over.

Easements by Grant

In theory, all granted easements should have been recorded on both parcels at the time of migration, however, from time to time, things are missed. It is also the case that when the land registration system came into place it was not a requirement for the ‘flip-side’ burden to be recorded, so sometimes those are missing. If you find yourself in that circumstance, all that is required is for the Land Registration Office to be notified of the error (by way of a prescribed form submitted by a lawyer certified to make changes to the land registration system).

April 12, 2023

What does my Nova Scotia Easement allow me to do?

April 12, 2023/ Highlander Law Group/ Dianna Rievaj

A deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land.

April 05, 2023

Can I use a Power of Attorney to sell my jointly owned property in Nova Scotia if my partner has Dementia?

April 05, 2023/ Highlander Law Group/ Dianna Rievaj

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.

March 29, 2023

What are my options if I was promised family land in Nova Scotia but the Will leaves the land to someone else?

March 29, 2023/ Highlander Law Group/ Dianna Rievaj

The 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?

March 22, 2023

What does it mean if someone has a Deeded Right of Way Easement over my Nova Scotia property?

March 22, 2023/ Highlander Law Group/ Dianna Rievaj

An easement is the right for the owner of one parcel of land to enjoy a specific benefit over a nearby property. If it is a ‘Deeded’ easement, it means the right was created by a documented agreement between the owners of the involved parcels of land. In Nova Scotia, deeded easements attach to the land and continue to be in force even after the parcel has changed hands

March 08, 2023

Can I appoint my child to be my executor in Nova Scotia?

March 08, 2023/ Highlander Law Group/ Dianna Rievaj

Many parents imagine their adult children handling their estate after they pass. However, often times Wills are drafted before the children are adults. The question becomes: Can I appoint my child as my executor in Nova Scotia even if they are still a minor?

February 22, 2023

How to Remove an Executor Appointed in Nova Scotia Who isn't Doing Their Job

February 22, 2023/ Dianna Rievaj

Being 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.

November 01, 2022

What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

November 01, 2022/ Highlander Law Group/ Dianna Rievaj

Real Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.