What Happens to my Pet if I Divorce or Separate in Nova Scotia?

What Happens to my Pet if I Divorce or Separate in Nova Scotia?

In Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.

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Let us be the wet blanket – it is part of our job! - Your Nova Scotia real estate lawyer as an advocate for you.

Let us be the wet blanket – it is part of our job!  - Your Nova Scotia real estate lawyer as an advocate for you.

Lawyers have a multi-faceted reputation – not all of it flattering, but being the “stick in the mud” when it comes to fulfilling your contract when you buy or sell a home is something I will happily claim.

It is my job as your lawyer to be on the lookout for ways to protect you throughout the buying and selling process. We review your contracts, your mortgage documents, the title for your property, and any receipts and repairs required by the contract.

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How is Probate Tax Calculated in Nova Scotia?

How is Probate Tax Calculated in Nova Scotia?

Probate 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?

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Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

Squatter’s Rights is the concept that if you openly adversely possession someone else’s land continuously for the required length of time (usually 20 year for privately owned land, 40 years for Crown land), that you can apply to the court for an order declaring that you have become the legal owner of that land. The idea is that a land owner can’t sit back for decades and do nothing and then come out of the woodwork and demand their land back.

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Who has priority to Administer an Estate in Nova Scotia?

Who has priority to Administer an Estate in Nova Scotia?

In 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.

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Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

In Nova Scotia if there is a dispute over the ownership of, or rights to the use of, land, the starting point is the Statute of Frauds. The Statute of Frauds recognizes that land ownership is so valuable, ownership can only be transferred in writing. The goal is to avoid confusion as to ownership rights to land.

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Will the Public Trustee in Nova Scotia help me Probate an Estate?

Will the Public Trustee in Nova Scotia help me Probate an Estate?

If 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.

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Do I Need a Vaccine Policy for my Nova Scotia Business?

Do I Need a Vaccine Policy for my Nova Scotia Business?

On October 6th Premier Houston announced that all Nova Scotia Public Servants must be vaccinated by November 30th. Premier Houston followed this announcement by urging private businesses to create their own vaccine mandates.

After these recent announcements on vaccine mandates you may wonder if your business needs a vaccine policy.

All businesses are different and there is not be a “one size fits all” policy that works for every business.

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How to Not Get Sued When You Terminate an Employee

How to Not Get Sued When You Terminate an Employee

You have an employee who has been with you for a number of years and it is time to let them go. They haven’t done anything egregious, but they aren’t a great employee and your corporate cash flow tells you its time to reduce staffing costs.

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Don't Fall into the Trap of a Bad Closing Day

Don't Fall into the Trap of a Bad Closing Day

Moving can be exciting, but can also be a stressful time. What day your closing date falls on can contribute to how smoothly the transaction goes. There are a lot of moving parts on closing day, and it’s better to be safe than sorry if something pops up that causes a delay. Potential issues could be, a delay in funds from your bank, a contentious issue on the walk-through etc.

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Do I Need to Probate my Estate?

Do I Need to Probate my Estate?

Your 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.

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Money Talks: who handles the money when you’re Buying a Home in Nova Scotia

Money Talks: who handles the money when you’re Buying a Home in Nova Scotia

One of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Read on to learn the specifics of who does what.

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A Real-Life Horror Story – He Died Without a Will

A Real-Life Horror Story – He Died Without a Will

Once 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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What does “clean and vacant” actually mean when you're selling a house in Nova Scotia?

What does “clean and vacant” actually mean when you're selling a house in Nova Scotia?

This is something that has come up a few times this summer, so I thought I would write a short post about it.

The house (and property) should be clean and tidy. Honestly, the cleaner the better, but certainly “broom clean” is a must.

If you are buying, it may not hurt to include a professional cleaning condition in your agreement so you can be confident that the home will be clean.

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Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

 Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

Trying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.

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Money Talks: How the Money Flows when you're Selling Your Home in Nova Scotia.

Money Talks: How the Money Flows when you're Selling Your Home in Nova Scotia.

One of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Your lawyer handles the money for you when you sell your home.

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Buying a condo in Nova Scotia? Understand exactly what you're buying

Buying a condo in Nova Scotia? Understand exactly what you're buying

The practical distinctions between buying a condominium and buying property can sometimes be confusing. Here are a few points to illustrate what you are buying when you buy a condo. The exact definition of what you own and what you are responsible for, i.e. what is your unit, should be outlined in your Condominium Corporation's Declaration.

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