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. .
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?
Read MoreAn 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
Read MoreWhen you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.
When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.
Read MoreWhile 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 MoreAfter you buy a property (the money is exchanged and you take title), the transaction is considered “Closed”. This means you no longer have an opportunity to go back and negotiate with respect to issues you uncover with your new home. If you trust someone else (like your Realtor) to do the closing day walkthrough and they miss something important, your only recourse is to sue that person, not the people you bought the house from
Read MoreReal 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.
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 MoreIn 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.
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 MoreLawyers 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.
Read MoreWhen buying a used (read: previously lived in) home there are two types of tax you will see come up on your statements from your lawyer.
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 MoreSquatter’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.
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 MoreIf you are buying a home for the first time you may qualify for First Time Home Buyers' rebate.
A "first time buyer" is an individual who builds or purchases a newly built home and has not owned or occupied a home in Canada in the last five years.
The eligibility criteria for this rebate:
· The house is newly built. Substantial renovations such as a major addition or converting a building into a home do not qualify.
· The house is located in Nova Scotia and will be used for your (or your relation's) primary residence.
· Can only be claimed by individuals - not businesses.
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.
Read MoreIn 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.
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
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Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
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