Estate Planning

Executor of a Will in Nova Scotia

Being named as the executor of a will can feel like an honour — especially if the deceased person was a trusted family member. However, the executor role is an important part of the estate planning process and comes with serious legal responsibilities that can last months or even years.

Many people accept the role without realizing the level of time and organization it requires — from managing assets and debts to coordinating with financial institutions, the Canada Revenue Agency (CRA), and family members during a difficult time.

This overview explains the key duties of an executor in Nova Scotia and highlights when it may be helpful to seek professional support.

Understanding the Duties of an Executor in Nova Scotia

An executor (sometimes referred to as an estate trustee) is the person named in a will who has the legal authority to manage a person’s estate after their death. The executor's duties typically include organizing assets, settling the individual's outstanding debts and taxes, and distributing any remaining property and other assets in accordance with the deceased's last will and testament.

Executors act in a fiduciary capacity — meaning they have a duty to act honestly, fairly, and in the best interests of the beneficiaries and creditors.

If there is no will, or if the named executor cannot act, the court may appoint an administrator to fulfill similar responsibilities.

Who Can Serve as Executor

Most adults in Nova Scotia can serve as executors, provided they are capable of managing financial affairs. Executors do not need to live in Nova Scotia. However, given how time consuming executor duties can be, those living outside the province often find it helpful to work with local professionals who can assist with paperwork and documents, court filings, and coordination.

Trust companies or lawyers can also serve as executors (known as "professional executors"), which may be suitable for more complex estates or where impartiality is important.

First Responsibilities After a Death

Executors are generally responsible for locating and reviewing the original will, notifying the person's financial institutions, and making arrangements related to the deceased's funeral and their estate’s immediate needs.

They may also need to ensure that all the assets — including any property, vehicles, and valuables — are secure and properly maintained until the estate is settled. Bank accounts and investment accounts are additional assets that will need to be secured.

Because every situation is different, executors often consult with an estate lawyer before taking formal steps to confirm next actions and timelines.

When Probate Is Required in Nova Scotia

Probate is the court process that confirms a will’s validity and gives an executor formal authority to manage the estate.

In Nova Scotia, probate is often required before banks, investment firms, other financial institutions, or the Canada Revenue Agency will release estate assets. Some smaller estates or jointly owned assets may not need to go through full probate, depending on how ownership is structured.

An estate lawyer can help determine whether probate court applies and what documentation is needed.

Duties During Estate Administration

An executor’s responsibilities typically include:

  • Compiling an inventory of the deceased’s assets

  • Managing funds held in bank accounts and/or investment accounts

  • Paying outstanding debts, expenses, and income taxes (including filing the appropriate tax returns)

  • Coordinating with the CRA and other government agencies as needed

  • Communicating with beneficiaries throughout the process

  • Distributing the remaining assets once obligations are met

While the general order of these tasks is consistent, the specifics can vary based on the size and complexity of the estate.

Managing Real Estate and Personal Property

Real estate and personal property often represent the most significant part of a someone's estate. Therefore, the executor is responsible for maintaining and protecting these assets until ownership is transferred or until the assets are sold.

This process may involve ensuring the deceased's property remains insured (via the applicable insurance policies) as well as coordinating with professionals such as appraisers or real estate agents. Their duties may also include keeping beneficiaries informed of any major decisions.

Debts, Taxes, and Financial Matters

Before distributing any assets, executors must ensure that estate the deceased's debts and taxes are addressed, if applicable. This includes paying outstanding bills, loans, and income taxes owed to the CRA.

Many executors choose to work with accountants or estate lawyers to handle these matters accurately and to also confirm that all obligations are met before completing the distribution of the person's assets.

Communicating With Beneficiaries

Clear communication helps avoid misunderstandings and disputes. Executors are expected to keep beneficiaries (including family, if applicable) reasonably informed about progress and decisions affecting the estate.

Maintaining detailed records, documents, and written correspondence throughout administration provides transparency and helps protect the executor if questions arise later.

Executor Compensation

Executors are entitled to reasonable compensation for their time and effort. The amount depends on the estate’s size and complexity.

In Nova Scotia, compensation is typically reviewed by the beneficiaries and, if necessary, may be subject to court approval to ensure it is fair and proportionate.

Executor Liability and Risk

Executors can be held personally responsible for errors or omissions made in the administration of an estate.

Acting diligently, keeping accurate records, and obtaining professional advice can help minimize risk and ensure the estate is administered properly.

Declining or Resigning From the Role

Being named as an executor does not mean you are obligated to accept the role. If you are unable or unwilling to act, you can decline the appointment. Executors who have already begun administration may require court approval to step down.

A lawyer can explain the available options and help ensure the process is handled appropriately.

Out-of-Province Executors

Executors who live outside Nova Scotia can still act, though additional coordination is often required for property management, court filings, and communication with local institutions.

LM Legal Solutions frequently assists out-of-province executors with local procedures and compliance matters to ensure the process runs smoothly.

How Long Does It Take to Settle an Estate

There is no fixed timeline for estate administration in Nova Scotia. Straightforward estates may be completed within a year, while complex estates — especially those involving real estate, business interests, or tax matters — can take longer.

Maintaining organized records and open communication with beneficiaries helps keep the process efficient.

Support for Executors in Nova Scotia

Serving as an executor can be demanding and emotionally difficult, especially if family conflict is involved. Professional support can make a significant difference — ensuring the estate is managed correctly and efficiently.

At LM Legal Solutions, we assist executors across Nova Scotia with probate applications, CRA coordination, estate management, and beneficiary communication.

Contact our team to learn how we can help you carry out your duties confidently and effectively.

FAQs About Executors in Nova Scotia

What does an executor do?

An executor manages the administration of a person’s estate after death, ensuring their assets are collected, debts and taxes are paid, and that the remainder is distributed according to their will.

Does every estate need to go through probate?

Not always. Some estates can be settled without full probate, depending on how assets are held. A lawyer can help determine whether probate applies in a given case.

Should I get legal help as an executor?

Legal guidance can help executors meet their obligations and avoid potential issues with creditors, beneficiaries, or government agencies.

Enduring Power Of Attorney Nova Scotia: Complete Guide

Understanding how your finances and property are managed if you become unable to make decisions is important. In Nova Scotia, there are laws that allow you to plan ahead for this situation.

One legal tool for this purpose is called an enduring power of attorney. This article explains what it is, how it works, and how it is different from other types of powers of attorney.

Each section provides clear facts about the law and process in Nova Scotia. The goal is to help you understand the basics of enduring powers of attorney in straightforward terms.

What Is An Enduring Power Of Attorney In Nova Scotia?

An enduring power of attorney is a legal document used in Nova Scotia. It allows a person, referred to as the "donor," to choose someone they trust, known as the "attorney," to manage their finances and property.

This arrangement is governed by Nova Scotia's Powers of Attorney Act. The word "enduring" means that the authority granted in this document remains in effect even if the donor loses the ability to make decisions for themselves due to illness or injury.

A regular power of attorney in Nova Scotia ends if the donor becomes mentally incapable. In contrast, an enduring power of attorney stays in effect after incapacity, making it a specific tool for long-term financial and property management.

The attorney can handle tasks like:

  • Managing bank accounts and investments

  • Paying bills and filing tax returns

  • Buying or selling property

  • Making legal and financial decisions

How Does An Enduring Power Differ From Other Powers Of Attorney?

There are several types of power of attorney documents in Nova Scotia. Each type serves a different purpose and works in a unique way.

General Power Of Attorney

A general power of attorney grants someone the authority to make decisions about finances and property on behalf of another person, but only while the person who made the document remains mentally capable. If the donor loses mental capacity, this type of power of attorney automatically ends. A general power of attorney is often used for temporary reasons, such as when someone is travelling and needs help managing their affairs.

Springing Power Of Attorney

A springing power of attorney only becomes effective if the donor becomes mentally incapable. This type means the chosen person cannot act until a specific event—usually incapacity—takes place. In Nova Scotia, springing powers of attorney are less commonly used compared to other provinces.

Personal Directive For Health Care

A personal directive is a separate legal document used for health and personal care decisions. This document allows a trusted person to make medical and personal care decisions if the person who made the directive loses the ability to make those choices. A personal directive does not cover decisions about finances or property, as a power of attorney or enduring power of attorney typically handles these matters.

Why You Should Have An Enduring Power Of Attorney

Suppose a person loses the ability to manage their own finances or property, and there is no enduring power of attorney in place. In that case, the law in Nova Scotia requires a guardian to be appointed by the court. This process can be slow and involves paperwork, legal fees, and waiting for a judge to decide who will take on the responsibility.

Disagreements can arise among family members about who makes decisions when there is no apparent legal authority. Banks and other financial institutions cannot release funds or allow changes to accounts without proper legal documents.

The benefits of an enduring power of attorney are as follows:

  • Helps avoid court proceedings. Prevents lengthy guardianship applications that can take months.

  • Protects family relationships. Clear legal authority helps prevent potential disputes among relatives.

  • Ensures bills get paid. The document ensures that the donor's financial obligations are maintained during incapacity.

In Nova Scotia, the Powers of Attorney Act outlines specific rules for creating a valid enduring power of attorney. The document will only be legally recognized if it meets the below requirements.

Age And Capacity Of The Donor

A person making an enduring power of attorney in Nova Scotia is required to be at least 19 years old. The person is also required to be mentally capable at the time of signing. Mental capacity means being able to understand the nature and effect of the enduring power of attorney, including what property and finances are involved and the authority being given to the attorney.

Two Independent Witnesses

As of 2022, two independent witnesses are required for an enduring power of attorney to be valid in Nova Scotia. The previous law required only one witness. An independent witness is someone who is not named as the attorney, is not the spouse or partner of the attorney, and is not a beneficiary under the donor's will.

Wording That Ensures Endurance

The enduring power of attorney clearly states that it is intended to remain valid even if the person who made the document loses mental capacity. The document generally includes language such as: "This power of attorney continues to be effective even if I become mentally incapable after it is signed." Without this specific statement, the document may not qualify as an enduring power of attorney under Nova Scotia law.

Who Can Be Your Attorney Or Alternate

An attorney named in an enduring power of attorney manages property and financial matters for another person if that person becomes unable to do so. Choosing an attorney or alternate attorney involves following certain legal rules and considering several practical factors. We describe these in greater detail below.

Eligibility Rules And Restrictions

The person chosen as an attorney is required to be at least 19 years old and mentally capable when the document is signed. An attorney cannot also act as a witness to the signing of the enduring power of attorney. The law allows a corporation, such as a trust company, to be appointed as an attorney to manage financial affairs, though this is not common for most personal estate plans.

Factors For Choosing A Trustworthy Attorney

Selecting someone for the role of attorney involves considering qualities that support sound decision-making and reliable management of finances and property. Naming an alternate attorney is possible; this person steps in if the first attorney cannot or will not act.

Key qualities for the role of attorney include:

  • Financial responsibility. This person manages money well and understands basic financial concepts.

  • Availability. They live nearby or can travel when needed to handle urgent matters.

  • Family harmony. The choice of attorney will not create conflicts among family members.

The person being considered for the role of attorney cannot have any undischarged bankruptcies or criminal convictions of dishonesty. This qualification was brought in with changes to the law in 2022.

Duties And Responsibilities Of An Attorney

An attorney named under an enduring power of attorney in Nova Scotia has legal responsibilities set out by law. The attorney's main responsibility is to manage the donor's property and finances according to the instructions in the document.

Fiduciary Duty And Best Interest Standard

An attorney is considered a fiduciary, which means they are in a position of trust. The attorney is required by law to act in the best interests of the donor at all times. This means putting the donor's needs before their own and avoiding any situation where their personal interests could conflict with those of the donor.

The attorney manages the donor's money, property, and financial matters honestly and carefully. The attorney cannot use the donor's property for personal benefit unless the enduring power of attorney document specifically allows it.

Record-Keeping And Reporting Under The Act

Nova Scotia law requires an attorney to keep accurate and complete financial records of all transactions made on behalf of the donor. This includes tracking money spent, received, or moved, and keeping receipts, statements, and other documents as evidence.

The attorney is required to provide an accounting if asked by the donor, certain family members, or other "interested persons." This means the attorney shares details about what has been done with the donor's property and money. Courts in Nova Scotia may also review an attorney's actions if questions or concerns arise.

Step-By-Step Guide To Creating An Enduring Power Of Attorney

1. Choose Your Attorney And Alternate

The person creating the enduring power of attorney selects a primary attorney and an alternate. The primary attorney is the first person who will have authority to act. The alternate can act if the primary attorney is unable or unwilling to take on the responsibility.

2. Define The Scope Of Authority

The enduring power of attorney may grant broad powers or limit authority to specific areas, such as managing bank accounts, paying bills, or selling real estate. It is possible to set restrictions, for example, prohibiting the attorney from making gifts or requiring additional approvals for selling property.

3. Draft The Document With Proper Language

The enduring power of attorney is written using clear legal language. The document includes an enduring clause that states the authority continues even if the person who created it loses mental capacity. It describes what powers are given, any limits, and any special instructions.

4. Sign Before Two Qualified Witnesses

The document is signed in the presence of two independent witnesses. Witnesses are people who do not benefit from the document and are not related to the attorney. All parties are present at the same time during the signing.

5. Register Or Notify Financial Institutions

Once the enduring power of attorney is signed and witnessed, financial institutions such as banks and investment firms are notified. If the authority includes managing or selling real estate, the document is registered with the Land Registry Office.

Witnessing Notarization And Registration Rules

An enduring power of attorney in Nova Scotia typically requires two independent witnesses. These witnesses confirm that the person signing the document understands what they are doing and is doing so voluntarily.

When Notarization Is Required

Notarization is not part of the standard process for an enduring power of attorney in Nova Scotia. A notary public is not required to witness the signing for the document to be valid under Nova Scotia law. However, some banks or financial institutions may prefer or ask for a notarized copy before accepting the document.

Land Registry Filing For Real Property

When an attorney might need to sell, mortgage, or otherwise deal with real property such as a house or land, filing the document with Nova Scotia's Land Registry Office is required. The registration process involves submitting the original or a certified copy of the enduring power of attorney to the Land Registry Office, along with a registration form and payment of the prescribed fee.

How To Activate Or Revoke An Enduring Power Of Attorney

An enduring power of attorney in Nova Scotia can become active in two main ways. Some documents state that the attorney's authority begins as soon as the document is signed. Others say the attorney's authority only begins if the person who made the document becomes mentally incapable.

Most enduring powers of attorney made in Nova Scotia are effective immediately, but attorneys are expected to act only when it is necessary, such as when the donor is unable to manage their finances or property due to incapacity.

Revoking, or cancelling, an enduring power of attorney is possible at any time as long as the person who made it is still mentally capable. To revoke an enduring power of attorney, the donor provides written notice to the attorney and any third parties, such as banks or other institutions that may rely on the document.

Risks If You Do Not Have An Enduring Power Of Attorney

If an enduring power of attorney is not in place and a person becomes mentally incapable, several legal and financial issues may arise. For instance:

  • Court guardianship is required. The court may have to appoint someone to manage an individual's personal finances and property through a lengthy legal process.

  • Family disputes. Without clear legal authority, family members may disagree about who handles financial and property matters.

  • Financial hardship. Access to bank accounts and assets may be blocked, bills may go unpaid, and financial opportunities may be lost.

DIY Kits Versus Working With A Lawyer

There are two main ways to create an enduring power of attorney in Nova Scotia: using a DIY kit or working with a lawyer. Each approach has differences in cost, convenience, and the amount of legal expertise involved.

Cost And Convenience Comparison

DIY kits are less expensive than hiring a lawyer and are designed for straightforward situations that can be completed at home. However, DIY kits may not fit less common situations or allow for much customization. They typically follow a standard template and may not address all individual concerns.

Lawyers charge higher fees but offer advice tailored to a person's specific circumstances. Legal professionals can draft documents that include particular instructions or adapt the language for unique family, property, or business matters.

When Professional Advice Is Essential

Professional legal advice is important in certain situations. These include cases where an estate is complex, where there are family dynamics that could lead to disagreements, or where business interests are involved. A lawyer can help when there are specific restrictions or instructions that are included in the enduring power of attorney.

Safeguards Against Financial Abuse Under The 2022 Act

Nova Scotia's Powers of Attorney Act contains rules to help prevent financial abuse by attorneys under an enduring power of attorney. These rules are designed to protect the interests of the person who created the enduring power of attorney.

Court Oversight And Interested Persons

Courts have the power to review the actions of an attorney if someone raises a concern. Family members and other people known as "interested persons" can ask the attorney to provide a record of what they have done with the donor's money and property. If there is a disagreement or suspicion of misuse, these individuals can ask the court to look at the attorney's actions.

Remedies For Misuse Of Authority

There can be legal consequences if an attorney does not follow the law or uses their power inappropriately. The court can order the attorney to return money or property to the donor or to compensate for losses. The court can also remove the attorney from their role if it finds that they did not act in the best interests of the donor.

Next Steps For Protecting Your Estate And Finances

Preparing an enduring power of attorney is only one part of the estate planning process. Other common documents include a will, which addresses what happens to assets (money and property) after death, and a personal directive, which appoints someone to make health and personal care decisions if mental capacity is lost.

Preparing these documents simultaneously, as opposed to at different times, can help ensure that a person's financial, medical, and personal affairs are managed according to their individual wishes. Each document has a specific legal purpose and requires particular steps to be legally valid in Nova Scotia.

If you are in need of legal advice about enduring powers of attorney or estate planning, contact LM Legal Solutions, a law firm in Dartmouth serving clients throughout Nova Scotia. Our experienced team can provide guidance on your estate planning needs and help ensure your documents are properly prepared and executed.

FAQs About Enduring Power Of Attorney In Nova Scotia

Can an enduring power of attorney made in another province be used in Nova Scotia?

An enduring power of attorney created in another province is generally recognized in Nova Scotia. However, banks and other organizations in Nova Scotia may ask for the document to be registered locally or may request additional paperwork before accepting it.

What are the typical legal fees for having a lawyer prepare an enduring power of attorney in Nova Scotia?

Legal fees for preparing an enduring power of attorney vary based on how complex the situation is. Professional preparation ensures the document meets Nova Scotia's legal requirements and is tailored to your specific circumstances and wishes.

Can I appoint multiple attorneys to act together on my enduring power of attorney?

Yes, it is possible to appoint more than one attorney to act at the same time. Some people choose to require joint decision-making, which means all attorneys have to agree before taking action. This arrangement can make decisions slower if the attorneys do not agree or if one is unavailable.

How long does the process take to prepare and execute an enduring power of attorney in Nova Scotia?

If the situation is straightforward, an enduring power of attorney can be prepared and signed within a few days. If there are complicated instructions, special conditions, or multiple people involved, the process may take several weeks and can require more than one meeting.

Everything You Should Know About a Will, Personal Directive and Power of Attorney

At LM Legal Solutions, we understand that life is full of uncertainties, and one of the best ways to protect your loved ones and your assets is through proper estate planning. Today, we'd like to explain, in simple terms, why having a Will, a Personal Directive and a Power of Attorney is crucial. We will be covering:

What Is a Will?

A Will is a legal document that allows you to appoint a person or people who will manage your estate and specify how your assets should be distributed after you pass away, thus protecting your wishes. Without a Will, the province’s laws dictate the distribution of your assets, which may not align with your wishes. By creating a Will, you can ensure your loved ones are taken care of financially, appoint a guardian for minor children, and leave a lasting legacy by supporting causes that are important to you, while also considering how your enduring power attorney will take effect.  Having a Will prepared by an experienced estate planning lawyer can help minimize disputes among beneficiaries and ensure your wishes are honoured.

Understanding The Role of Power of Attorney in Managing Your Affairs

A Power of Attorney is a document that designates someone to make financial and legal decisions on your behalf if you become unable to do so. A Power of Attorney has become an essential tool in today’s world.  A Power of Attorney allows you to appoint an individual that you trust to ensure your affairs are managed as you age.  This will help ensure your bills, taxes and investments are managed effectively and in your best interests and avoid costly court proceedings to appoint a guardian in the event of your incapacity.

How a Personal Medical Directive Can Guide Your Healthcare Decisions

A Personal Medical Directive, also known as a Living Will or Advance Healthcare Directive, allows you to outline your medical preferences if you can't make these decisions for yourself. This document, known as a Power of Attorney, allows someone to make decisions on your behalf regarding financial matters if you become incapacitated. This helps doctors and family members understand your treatment choices and gives you control over life-sustaining medical procedures. Having a Medical Directive in place can relieve your loved ones from having to make difficult decisions during a difficult time.

Contact Us for Personalized Estate Planning

By having a Will, Power of Attorney, and Personal Medical Directive in place, you can take control of your future and provide your family with peace of mind. At LM Legal Solutions, our experienced estate planning attorneys are here to assist you in creating these essential documents, such as your Will, personal directive and power of attorney customized to your unique circumstances.

To get started or review your existing estate plan, please contact us at 902-466-2200, email jennifer@lmlegalsolutions.ca or submit the contact form below. We are committed to making the estate planning process as easy and stress-free as possible.

The Intersection Between Family and Estate Law

Family and estate law often overlap as parents and spouses begin to plan for their future. A Will is a document that outlines how you wish to distribute your property after your death. A Will does not affect your assets until death and can only distribute what a person owns at death.

A Will can also provide guidance on how you want any children under the age of majority to be cared for. Wills are very important instruments to have for setting out your affairs and making sure your family is protected. We will be covering:

Impact of Family Changes on Wills

There are many ways in which a Will can intersect with family law. The first, and likely most important, is how it can affect the custody of your children if you pass away before they reach the age of majority. This can become particularly complex if you are divorced or separated and do not want the other parent to assume custody of your children on your death. Appointing a guardian for your children in your Will is not legally binding, and can be challenged by the other parent, or another family member. It will be important for you to consult with a lawyer experienced in Wills and estates on this issue, given the impact your divorce documents and the law has on your wishes.

 

Wills are also impacted by a separation or divorce. Wills are not changed because you separate and if you have appointed your former spouse as your Executor, that does not change until you change your Will. Separation Agreements can include clauses that require you to name the other spouse on life insurance or other benefits and you must provide both your lawyer and your employer with the details of your Agreement as it can alter issues of pensions and ownership of assets. It is important to discuss any changes to your family, including Court orders and Separation Agreements with a lawyer experienced in the area of wills and estates.

Even a divorce does not void a Will. Following a divorce, if a new Will was not created, the old Will survives, and the Courts then treat the former spouse as if they died before you so they do not inherit twice. This would mean that the old Will is still valid but if the former spouse was appointed executor, they would not be able to act and the alternate executor would step in. Also, any gifts to the former spouse would not happen.

Marital Changes and Your Will

Marriage can also alter a Will. Generally speaking, your Will is revoked upon marriage under the Wills Act. One exception to this is if your Will is made in contemplation of marriage and states that you are making a Will because you intend to marry your soon-to-be spouse, who must be named.

Accordingly, whether you are contemplating marriage, separation, or planning for your children’s future, it is important to remember that you need to review your estate plans as they will be impacted by these decisions.

Consult with LM Legal Solutions Estate Lawyers

The knowledgeable team at LM Legal Solutions is equipped to help you navigate the complexities of family and estate law. With our dedicated expertise in these areas, we are committed to providing you with the guidance you need to make informed decisions about your future. We encourage you to reach out for a personalized consultation to discuss how we can assist with your specific legal needs in family and estate law.

For more information, complete the form below: