Family Law
Emily Bartlett
Marriage vs Common Law: What Are the ...

Family law in Nova Scotia applies a distinct difference between common law relationships and marriage. While some provinces may allow common law, or cohabitation, to take on the rights and responsibilities of marriage after a certain period of time, this is not the case in Nova Scotia.

What constitutes common law?

A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union. The definition of common law partnership also differs depending on the laws applied. For example, the Canada Pension Plan states that two people are in a common law relationship after a year of cohabitation. The Parenting and Support Act, on the other hand, requires two years of cohabitation before a relationship can be described as common law.

Marriage vs Common Law: What Are the Differences?

Estate Planning

Nova Scotia Wills Act Explained: Complete Guide

Your will represents one of the most important legal documents you'll ever create, yet many Nova Scotians don't realize that simple mistakes—like who witnesses your signature or how you make changes—can invalidate the entire document. The Nova Scotia Wills Act sets out specific legal requirements that determine whether your will is valid, from who can make a will to how marriage and divorce affect existing documents.

This guide explains the legal requirements for creating a valid will in Nova Scotia (including your own will), common pitfalls that invalidate wills, how life events automatically change your estate plan, and what happens when someone dies without proper documentation.

Purpose of the Nova Scotia Wills Act

The Nova Scotia Wills Act provides the legal framework that governs how you can (1) create a valid will; (2) appoint executors to manage your estate; (3) designate guardians for minor children; (4) and distribute your estate assets according to your wishes after death. This provincial legislation sets out specific requirements for writing and signing wills, establishes rules for witnessing, and determines what happens when someone dies without a valid will. The Act also includes provisions for safekeeping wills through a provincial registry and specifies how marriage, divorce, and other life events affect existing wills.

Who Can Make a Valid Will in Nova Scotia

According to the Wills Act, you can make a valid will in Nova Scotia if you're at least 19 years old and have what the law calls testamentary capacity. Testamentary capacity means you understand the nature of making a will, know what property you own, and comprehend how your decisions will affect who receives your assets.

The law assumes adults have this capacity unless someone proves otherwise. What matters is your mental competency at the exact moment you sign your own will, not your health before or after that time.

There are a few exceptions for people under 19. Minors can make valid wills if they're married, serving in the Canadian Forces on active duty, or working as sailors at sea.

Four elements determine whether your will is legally binding under the Wills Act. Missing even one of these can invalidate your entire document or specific parts of it.

  1. Age and Testamentary Capacity: You typically have to be at least 19 years old to make a will in Nova Scotia. Being of "sound mind" means you understand what property you own, who your natural beneficiaries are (like your spouse and children), and how your decisions will distribute your estate after you die.

  2. Writing and Signature Requirements: Your will can be typed or handwritten, but it cannot be spoken out loud and recorded. You sign your name at the end of the document yourself, or if you physically can't, you can direct someone else to sign on your behalf while you watch.

  3. Minimum Number of Witnesses: Two witnesses observe you signing your will. Both witnesses are present at the same time when you sign, then they each sign the document while still in your presence.

  4. Voluntariness and Absence of Undue Influence: You create your will freely without coercion, fraud, or excessive pressure from family members or others. If someone exerts influence that overpowers your independent judgment, the will or affected parts can be challenged in court later.

Witness Rules and Common Mistakes

The witnessing requirements exist to protect against fraud and confirm you signed voluntarily. However, the rules also create common pitfalls that can invalidate an otherwise well-planned will.

  1. Who Qualifies as a Witness: Witnesses are mentally competent adults who understand they're witnessing a legal document. They cannot be blind or unable to comprehend what they're witnessing, though they don't have to read or know what's written in your will.

  2. Beneficiary Witness Pitfalls: If a witness is also named as a beneficiary in your will, that person typically loses their inheritance under provincial law. This forfeiture rule extends further than you might expect—the married spouse or common law spouse of a witness-beneficiary also loses their gift. There's an important exception called the supernumerary witness rule. If you have more than two witnesses and at least two of them aren't beneficiaries, then the beneficiary-witnesses can still receive their inheritances.

  3. Location and Presence Requirements: All parties—you and both witnesses—are physically present together in the same location. You sign first while both witnesses watch, then both witnesses sign while you watch. Remote signing where people are in different rooms or locations doesn't satisfy Nova Scotia's requirements under the Wills Act.

Are Handwritten or Electronic Wills Recognized

The Wills Act takes a strict approach to will formalities, though some flexibility exists for specific situations.

  • Holographic Will Rules: A holographic will is entirely handwritten and signed by you without any typed portions. While some provinces accept holographic wills without witnesses, the Wills Act generally requires the two-witness formality even for handwritten wills. Limited exceptions may apply in very specific circumstances, but relying on these exceptions creates significant risk of your will being declared invalid.

  • Digital Signatures and Remote Witnessing: Nova Scotia currently doesn't recognize purely electronic wills with digital signatures. The Wills Act requires a physical signature on a tangible document. While some jurisdictions explored remote witnessing during the pandemic, the province of Nova Scotia maintained its requirement for physical presence when signing wills. Legislative discussions about modernizing the rules continue, but no changes have been enacted yet.

How Marriage, Divorce, or Common Law Status Affects Your Will

Significant relationship changes automatically impact your will under provincial law, even if you don't take any action to update it.

Marriage automatically revokes any will you made before getting married. Your previous will becomes void unless you specifically stated in that will you were making it "in contemplation of marriage" to your spouse by name. This means if you marry without updating your will, you'll die intestate (without a valid will) regarding assets not covered by beneficiary designations.

Divorce revokes any gifts to your former spouse and removes them as executor, but it doesn't invalidate your entire will. The rest of your will remains in effect, and your estate is distributed as if your former spouse died before you.

Common law relationships work differently. Simply entering or ending a common law relationship doesn't automatically revoke or change your will. However, common law spouses have fewer automatic inheritance rights than married spouses if you die without a will. Therefore common law spouses may be less protected if a person dies unexpectedly.

Ways to Revoke or Amend a Will Safely

You can change or cancel your will through several legally recognized methods, but informal changes often create more problems than they solve.

  • Destroying the Original: You can revoke your will by physically destroying it—burning, tearing, or otherwise obliterating it—with the clear intention of canceling it. If you're physically unable to destroy it yourself, you can direct someone else to destroy it in your presence while you watch.

  • Making a Codicil: A codicil is a legal document that amends specific provisions of your existing will without rewriting the entire thing. The codicil follows all the same formalities as your original will, including your signature and two witnesses. While codicils work well for minor changes, they can create confusion if multiple codicils accumulate over time.

  • Drafting a New Will: Creating a new will with a revocation clause is often the clearest way to make significant changes. Your new will typically includes language stating "I revoke all former wills and codicils." After signing your new will, destroy all copies of your old will to prevent confusion about which document reflects your current wishes.

Tip: Never make handwritten changes to a signed will. Crossing out names, adding provisions, or making notes in the margins can invalidate parts of your will or create ambiguity that leads to expensive court battles.

What Happens If a Will Is Invalid or There Is No Will

When you die without a valid will—whether because you never made one or your will doesn't meet legal requirements—Nova Scotia's Intestate Succession Act determines who inherits your estate. The term "intestate" simply means dying without a valid will.

Intestacy Distribution Order

The law follows a specific hierarchy based on your family relationships at death. Your surviving married spouse receives a preferential share first. After the preferential share, your spouse and children divide what remains according to a formula set out in the legislation.

If you have no spouse or children (including adopted children), your estate passes to your parents, then to your siblings, then to more distant relatives in a defined order. Common law partners who aren't registered as domestic partners have no automatic inheritance rights under intestacy rules.

Rights of the Surviving Spouse or Partner

Married spouses have significant protections under intestacy law, including the preferential share and rights to the matrimonial home. Common law partners face a much more difficult situation. Unless your common law spouse is a registered domestic partner (as required by the Intestate Succession Act), or your partner can prove entitlement under other laws, they may receive nothing from your estate in the event of your death.

This distinction highlights why wills are particularly important for common law couples. Contact LM Legal Solutions to discuss how to protect your partner's interests through proper estate planning.

Probate Process and Fees Under Nova Scotia Law

Probate (under Nova Scotia's Probate Act) is the court process that validates your will and grants your executor the legal authority to administer your estate and assets contained therein. While not all estates require probate, financial institutions and land registry offices typically demand it before releasing assets or transferring property.

The process follows a specific sequence:

  • Opening the estate: Your executor's job is to file an application with the probate court along with the original will, death certificate, and information about your assets and beneficiaries

  • Notice to beneficiaries and creditors: Your executor notifies all beneficiaries named in the will (persons entitled) and publishes a notice to creditors who have a specified period to come forward with claims

  • Inventory and valuation: Your executor creates a complete inventory of all assets and debts, with professional appraisals for real estate, business interests, and valuable personal property

  • Paying debts and taxes: Debts are paid in a specific legal order starting with funeral expenses and estate administration costs, then secured debts, then general creditors

  • Distributing the estate: After paying all debts and taxes, Your executor's job is to distributes the remaining estate assets to beneficiaries according to your will's instructions

Strategies to Reduce Probate Tax While Staying Compliant

Nova Scotia charges probate fees based on your estate's value. While the fees are relatively modest compared to some provinces, several legal approaches can minimize what passes through probate.

  • Joint Ownership Options: Holding property in joint tenancy with right of survivorship means the property automatically transfers to the surviving owner outside your estate. This works well for real estate and bank accounts, but it carries risks—the joint owner gains immediate access and ownership rights, which can create problems if relationships deteriorate or if creditors make claims.

  • Designating Beneficiaries on Accounts: RRSPs, RRIFs, TFSAs, and life insurance policies allow you to name beneficiaries directly. Assets with beneficiary designations (such as the ones listed above) pass to your named beneficiaries outside your will and avoid probate entirely. It's important to review your beneficiary designations regularly to confirm they still reflect your wishes, especially after marriage, divorce, or the birth of children.

  • Using Trusts and Gifting: Creating an inter vivos trust (a trust established during your lifetime) can hold assets that won't pass through your estate. Similarly, gifting assets before death reduces your estate's value, though you want to consider tax implications and your own financial security before giving away significant assets.

Proposed Reforms to the Wills Act and Why They Matter

Legislative discussions in Nova Scotia have explored modernizing will-making requirements to reflect current technology and circumstances. Proposed reforms include recognizing electronic wills with digital signatures and allowing remote witnessing through video conferencing.

Changes like this would make will-making more accessible, particularly for people with mobility limitations or those living in remote areas. However, the proposed changes also raise concerns about fraud prevention and confirming testators act voluntarily without coercion. While some jurisdictions have adopted similar reforms, Nova Scotia has moved cautiously, maintaining traditional requirements for now.

Creating a valid will involves more than following technical requirements—it requires understanding how your family situation, estate assets, and goals interact with complex legal rules. Common mistakes, like improper witnessing, unclear language, or failing to account for tax implications, can undermine even the most well-intentioned plans.

Professional legal guidance can help confirm that your will accurately reflects your wishes and minimizes potential disputes while protecting your family's interests. Book a consultation with LM Legal Solutions to discuss your estate planning with experienced attorneys who understand Nova Scotia law and your unique circumstances.

FAQs About the Nova Scotia Wills Act

How long does an executor have to file a will for probate in Nova Scotia?

Nova Scotia law doesn't specify a deadline for filing a will for probate. However, executors face practical pressures to apply promptly—financial institutions freeze accounts, property can't be sold, and beneficiaries can't receive their inheritances until probate is granted.

Is a will made in another province valid in Nova Scotia?

A will validly made according to the laws where it was created is generally recognized in Nova Scotia. If you move to Nova Scotia with a will from another province, having a lawyer review it confirms it addresses Nova Scotia-specific issues and still reflects your current wishes.

How much does it cost to have a lawyer draft a will in Nova Scotia?

Legal fees for will preparation vary based on your estate's complexity, family situation, and specific circumstances. While costs differ among firms, professional will preparation is a modest investment compared to the potential costs of disputes, invalid provisions, or unintended consequences from do-it-yourself approaches.

Understanding the Intestate Succession Act in Nova Scotia

In Nova Scotia, when an individual dies without a proper will in place, the Intestate Succession Act determines exactly who inherits the person's property and in which proportions. This provincial law follows a strict hierarchy that prioritizes spouses and children first, followed by parents, siblings, and more distant relatives if necessary.

This article explains how intestate succession works in Nova Scotia, who inherits when there's no will, what assets may bypass the estate entirely, and how proper estate planning can ensure your wishes are respected rather than leaving distribution to a predetermined legal formula.

What Happens When Someone Dies Without a Will in Nova Scotia

A person has died "intestate" when they have passed without having a proper will in place.

In Nova Scotia, the Intestate Succession Act comes into play to determine how the person's estate gets distributed. This provincial law establishes a specific hierarchy of beneficiaries, prioritizing the surviving spouse and children first, then parents, and finally other relatives.

The Act includes what's called a preferential share: a fixed amount that goes to the deceased's spouse before the remainder of their estate gets divided. After the spouse receives the preferential share, the rest of the estate is divided according to specific rules based on surviving family members.

However, intestate succession only applies to assets that actually form part of the deceased's estate. Property held in joint tenancy, registered accounts with named beneficiaries, and life insurance policies with designated beneficiaries typically pass directly to survivors without going through this distribution process at all.

Order of Inheritance Under the Intestate Succession Act

The Intestate Succession Act follows a clear hierarchy that determines who inherits the assets of the deceased person and in which proportions. The hierarchical approach of the Act distributes assets according to the deceased's closest living relatives, though it may or may not reflect what the deceased actually wanted.

  1. Spouse and One Child: When the deceased leaves behind a surviving spouse and one child, the spouse is entitled to receive a preferential share of the estate plus one-half of the remaining estate. The child then receives the other half of what remains.

  2. Spouse and Multiple Children: If there are multiple children, the spouse's share of the remainder drops to ensure the children receive a larger portion collectively. The spouse still receives the preferential share but only one-third of the remaining estate. The children then divide the other two-thirds equally among themselves.

  3. No Spouse but Children: When there is no surviving spouse, the entire estate is divided equally among all surviving children. If one of the children died before the intestate person but left their own children, those grandchildren inherit their parent's share through what's called "per stirpes" distribution. This means each branch of the family receives what their parent would have inherited.

  4. No Spouse or Children: If the deceased has no spouse or children, the estate passes to their parents in equal shares if both are living. When only one parent survives, that parent receives the entire estate. If both parents have already passed away, the estate is divided equally among siblings, and if a sibling has died, their children inherit their parent's share.

  5. No Surviving Next of Kin: In rare cases where no eligible family members can be located after extensive searches, the estate ultimately passes to the provincial government. The Public Trustee of Nova Scotia manages these unclaimed estates and attempts to locate any possible heirs before the Crown takes possession.

Share of a Surviving Spouse or Common-Law Partner

The definition of "spouse" under the Intestate Succession Act is critically important and often misunderstood. A legally married spouse automatically qualifies for the spousal share outlined in the Act. Registered domestic partners also receive the same inheritance rights as married couples under Nova Scotia law.

Unregistered common-law partners face a very different situation. Even if a couple has lived together for many years in a marriage-like relationship, an unregistered common-law partner does not automatically inherit under the Intestate Succession Act. Instead, they may need to make a claim to the court for support from the estate, which can be a lengthy and uncertain process.

This distinction highlights why estate planning matters so much for common-law couples. Without a will or registered domestic partnership, a surviving common-law partner could find themselves with no legal claim to property they helped build during the relationship.

Rights of Children and Other Descendants

The Intestate Succession Act treats biological children and legally adopted children identically. Both have full inheritance rights. Stepchildren, on the other hand, do not automatically inherit from a step-parent under intestate succession unless they were legally adopted.

When a child dies before their parent but leaves their own children, those grandchildren step into their parent's place through per stirpes distribution. For instance, if the deceased had three children but one child died before them leaving two children of their own, the estate would be divided into three equal shares: one for each surviving child and one to be split between the two grandchildren whose parent had died.

Who Inherits When There Is No Spouse or Children

Beyond the immediate family of the deceased, the Intestate Succession Act establishes an extended hierarchy of relatives who may inherit some of the person's estate. After parents and siblings, the order continues through more distant relatives:

  • Nieces and nephews may inherit if all siblings have already passed away

  • Grandparents may receive the estate if no nieces or nephews exist

  • Aunts and uncles may inherit when grandparents have also passed away

  • Cousins may inherit as a last resort before the Crown

Each level is completely exhausted before moving to the next. Even distant relatives you've never met could inherit before the estate would pass to the government.

Assets That May Bypass the Estate Such as Joint Tenancy and Insurance

Not all assets owned at death automatically become part of the intestate estate. Several types of property pass directly to survivors through legal mechanisms that operate outside the Intestate Succession Act.

  • Joint Tenancy Home Ownership: Property held in joint tenancy with right of survivorship automatically transfers to the surviving joint owner upon death. This is common with married couples who own their home together. When one spouse dies, the other becomes the sole owner immediately without the property going through the estate. Property held as tenants in common operates differently, though. The deceased's share becomes part of the estate and is distributed according to intestate succession rules rather than passing automatically to the co-owner.

  • Designated Beneficiary Accounts: Registered Retirement Savings Plans (RRSPs), Registered Retirement Income Funds (RRIFs), and Tax-Free Savings Accounts (TFSAs) allow you to name beneficiaries directly on the account. For properly designated beneficiaries, the funds transfer directly to that person without forming part of the estate. Bank accounts can also have beneficiary designations in many cases, allowing them to bypass the estate distribution process entirely.

  • Life Insurance Proceeds: Life insurance policies with named beneficiaries pay out directly to the designated individuals rather than to the estate. However, if the estate is named as the beneficiary or if no beneficiary is designated, the insurance proceeds become part of the estate and are subject to intestate distribution rules.

  • Registered Plans With Named Beneficiaries: Pension plans typically include provisions for surviving spouses or designated beneficiaries to receive benefits directly. Similarly, TFSAs can name a "successor holder" (usually a spouse) who takes over the account, or a beneficiary who receives the funds. Beneficiary designations take precedence over intestate succession and warrant regular review to ensure they reflect current intentions.

Debts, Taxes, and Funeral Costs That Must Be Paid First

Before any assets can be distributed to heirs, the estate settles all outstanding debts and obligations. This fundamental principle of estate administration protects creditors while ensuring heirs receive only what remains after legitimate claims are satisfied.

  • Priority of Claims: Funeral expenses receive top priority and are paid first from estate assets. Secured debts come next, which are those attached to specific property like mortgages or car loans. Unsecured debts such as credit cards and personal loans are paid after secured debts, though they still take precedence over any distribution to heirs.

  • Secured vs Unsecured Debts: Secured debts are backed by collateral, meaning the lender can claim the specific asset if the debt isn't paid. The most common example is a mortgage on a house. If the estate does not have the ability to pay the mortgage, the house may need to be sold. Unsecured debts have no specific collateral attached and represent general claims against the estate's total value, though they still get paid before heirs receive anything.

  • CRA and Probate Fees: The Canada Revenue Agency requires that a final tax return be filed for the deceased, which covers any income earned up to the date of their death. In turn, any taxes owing will be paid from the estate before any assets are distributed. Additionally, Nova Scotia charges probate fees based on the estate's value. These fees are paid when applying for a Grant of Administration to manage the intestate estate.

Duties of an Estate Administrator in Nova Scotia

When someone dies without a will, the court appoints an administrator to manage the estate rather than an executor named in a will. The administrator, often the spouse or an adult child, has significant legal responsibilities and potential personal liability if they fail to fulfill their duties properly.

  1. Locate and Value Assets: The administrator identifies every asset owned by the deceased, from bank accounts and investments to real estate and personal property. The administrator may need to coordinate professional appraisals to establish the fair market value of any real estate, vehicles, jewelry, or other valuable items owned by the deceased. Taking proper inventory of the deceased's assets is important for calculating probate fees and ensuring proper distribution.

  2. Advertise for Creditors: Nova Scotia law requires administrators to publish a notice to creditors in a government publication called the Royal Gazette. This advertisement gives creditors a specified period, typically 6 months, to come forward with any claims against the estate. Failing to properly advertise can leave the administrator personally liable if unknown debts surface after distribution.

  3. Pay Debts and Taxes: Once the waiting period expires, the administrator verifies all claims and pays legitimate debts in the proper order of priority. This includes settling the final tax return with CRA and obtaining a clearance certificate confirming all taxes have been paid. Only after all debts, taxes, and administrative expenses are satisfied can the administrator proceed to distribute assets to heirs.

  4. Distribute Remaining Estate: After all obligations are met, the administrator distributes the remaining assets according to the Intestate Succession Act's hierarchy. This may involve selling property to divide proceeds, transferring ownership of specific assets, or distributing cash from liquidated holdings. The administrator accounts for every dollar and provides documentation to all beneficiaries showing how the estate was handled.

Typical Timeline and Costs for an Intestate Estate

Administering an intestate estate generally takes longer and costs more than settling an estate with a valid will. The administrator applies to the court for a Grant of Administration, which requires additional documentation and court appearances compared to probating a will. This application alone can add several weeks or months to the timeline, particularly if there are disputes about who serves as administrator.

Most intestate estates take between 12 and 18 months to fully settle. Complex situations involving business interests, real estate in multiple jurisdictions, or family disputes can extend this considerably. Legal fees are typically higher because the administrator often needs more guidance navigating their duties, and probate fees remain the same regardless of whether there's a will.

How to Avoid Intestacy Through Proper Estate Planning

The most effective way to ensure your assets are distributed according to your wishes is through comprehensive estate planning. While the Intestate Succession Act provides a default distribution scheme, it cannot account for your specific family dynamics or intentions.

  • Create a Valid Nova Scotia Will: A properly executed will allows a person to specify exactly who receives what from their estate, in addition to having the ability to appoint a trusted executor to carry out a person's your wishes. The province of Nova Scotia requires that wills be signed by the testator (the person making the will) and witnessed by two individuals who are not beneficiaries. Consulting with an experienced estate planning lawyer at LM Legal Solutions ensures your will meets all legal requirements and clearly expresses your intentions.

  • Register a Domestic Partnership if Applicable: Common-law couples who want to ensure inheritance rights in the event of one partner passing, without a formal marriage, can register their domestic partnership with Nova Scotia Vital Statistics. This process grants registered domestic partners the same intestate succession rights as married spouses, which in turn provides crucial protection if one partner dies unexpectedly. The registration form requires both partners' signatures and basic identifying information.

  • Update Beneficiary Designations: It's important for a person to review all their registered accounts, insurance policies, and pension plans to confirm beneficiary designations are current and reflect their wishes. Life changes like marriage, divorce, the birth of children, or the death of a previously named beneficiary all warrant immediate updates to designations. Beneficiary designations typically override your will, so consistency across all documents is important.

  • Consider Joint Ownership Structures: For certain assets, such as the family home, establishing joint tenancy with right of survivorship can help ensure a smooth transfer of property to your partner or co-owner. Joint ownership isn't appropriate for every situation and can have tax and legal implications worth discussing with a professional. Bank accounts can also be structured with joint ownership or beneficiary designations to avoid probate delays while ensuring your intended recipients have immediate access to funds.

Understanding the nuances of the Intestate Succession Act in Nova Scotia highlights why it's important to be proactive about estate planning. While the Act provides a framework for distributing assets, it cannot account for your unique family circumstances or specific wishes for your legacy.

At LM Legal Solutions, we help clients throughout Dartmouth and the Halifax Regional Municipality create comprehensive estate plans that provide clarity and peace of mind. Whether you need to draft your first will, update an existing plan, register a domestic partnership, or navigate the complexities of administering an intestate estate, our experienced team provides practical guidance tailored to your situation. Contact us today to schedule a consultation and take the important step of protecting your family's future through proper estate planning.

FAQs About Intestate Succession in Nova Scotia

What happens to digital assets if there is no will in Nova Scotia?

Digital assets, such as online accounts, cryptocurrencies, and/or digital files, may become part of the intestate estate, but accessing them presents unique challenges. Many online platforms have their own policies about account access after death, and without proper planning or a will that addresses digital assets, your administrator may need court orders to gain access.

Does the public trustee always step in when there are no heirs?

The Public Trustee of Nova Scotia becomes involved primarily when no eligible family members can be located after reasonable searches or when no one is willing to serve as administrator. The Public Trustee manages unclaimed estates and makes efforts to locate possible heirs before the estate ultimately passes to the Crown, though this is relatively rare.

Will common-law partners pay probate tax on their share?

Unregistered common-law partners are not automatically recognized as spouses under the Intestate Succession Act and therefore do not inherit through intestate succession. If they successfully make a claim to the court for support from the estate, any amount they receive would come from the estate after probate fees have already been calculated and paid.

How are family heirlooms divided without a will?

Personal property, including family heirlooms, may be eligible for distribution according to intestate succession rules. These rules typically mean these items may become part of the general estate assets to be divided among eligible heirs. However, the rules around heirlooms can lead to difficult situations if multiple family members want the same items, which potentially requires family agreement or court intervention if disputes cannot be resolved amicably.

Personal Directives in Nova Scotia: Complete Legal Guide

Planning for a time when you cannot make your own health care decisions is one of the most thoughtful acts you can do for yourself and your family. A personal directive is a legal document under Nova Scotia's Personal Directives Act that allows you to document your wishes about future personal care services or decisions, and to appoint someone to make these important decisions if you become unable to communicate or decide for yourself.

This guide explains what personal directives are for Nova Scotians, how to make a personal directive properly, what health care decisions you can address, and how to avoid common mistakes that could invalidate your wishes.

What is a Personal Directive in Nova Scotia

A personal care directive is a legal document under Nova Scotia's Personal Directives Act that allows you to document your wishes about future personal care decisions and appoint someone to make those decisions if you become unable to communicate or make decisions yourself. This document addresses medical treatment options, living arrangements, home care services, community services, and other personal care decisions or different matters—but it does not cover financial or property decisions, which require a separate power of attorney. The purpose of a personal directive is to ensure your voice guides your personal care decisions even when you cannot speak for yourself.

Without this document, other people may have to guess what you would have wanted, which can lead to difficult situations during an already stressful time. Your family experiences less conflict because your wishes are documented clearly, reducing disagreements about what personal care decisions you want. Health care providers and hospital staff also benefit from having explicit guidance, which helps them deliver personal care that respect your preferences rather than making assumptions.

Personal directives in Nova Scotia are governed by the Personal Directives Act, provincial legislation that gives these documents legal authority. The Act outlines who can create a directive, what decisions it can address, how it gets executed, and when it takes effect.

To make a personal directive, you have to be at least 19 years old and have the mental capacity to understand what you're doing. Capacity means you comprehend the nature and consequences of the directive; specifically, that you understand what decisions the document addresses, who you're appointing to make decisions, and that your delegate will have authority to act on your behalf. If questions arise about your capacity at the time you created the directive, a formal capacity assessment by a qualified professional may be conducted to determine whether the document is valid.

Your personal directive only becomes active when you lose the capacity to make decisions for yourself. Health care providers determine incapacity based on clinical assessments and professional judgment about your ability to understand information, appreciate consequences, and communicate decisions.

Types of Decisions You Can Authorize in a Personal Directive

Health care treatment decisions form the core of most personal directives. You can provide instructions about medical procedures, medications, surgery, diagnostic tests, and life-sustaining treatments like ventilators or dialysis. Your directive might specify treatment options you want to receive, treatments you want to refuse, or conditions under which certain interventions get used or not used.

You can also address accommodation and living arrangements in your directive. This includes stating where you wish to live if you can no longer care for yourself independently—whether at home with support services (such as a home care services provider), in an assisted living facility, or in a continuing care home (long-term care). Your directive might include instructions for preferred facilities, express preferences about living with family members, or outline the level of independence you want maintained as long as possible.

Nutrition and personal comfort measures represent another important category of decisions:

  • Nutrition preferences and dietary restrictions

  • Whether you would want a feeding tube if you could not eat on your own

  • Pain management approaches

  • Clothing hygiene safety comfort

  • Social activities and recreation

  • Religious or cultural practices that influence your personal care

End-of-life care instructions allow you to express your wishes about your personal care during your final days or weeks. You can provide guidance on palliative care approaches, do-not-resuscitate (DNR) orders, organ donation, and whether you want to be hospitalized or remain at home. Clear, specific language in this section helps your health care providers and family understand exactly what you want during this sensitive time.

How to Create and Execute Your Personal Directive

Creating a personal directive starts with gathering relevant information about yourself. This might include collecting details about your medical history as well as any current health conditions, medications, allergies, not to mention any religious or cultural beliefs that influence your personal care decisions and preferences.

You might consider custom drafting if you have complex medical needs, intricate family dynamics, specific religious requirements, or want to integrate your directive with broader estate planning documents.

Proper execution requires one witness who is present when you sign your directive. Your witness cannot be your appointed delegate, and your witness generally cannot be a beneficiary under your will or someone who provides you with health care services. The witness signs the document confirming they watched you sign, that you appeared to have capacity, and that you signed voluntarily without pressure from others.

Selecting and Instructing Your Delegate

Your delegate has to be at least 19 years old, mentally capable of making decisions, and willing to accept the responsibility. Your delegate generally cannot be your health care provider or an employee of a facility where you receive personal care, though limited exceptions exist under specific circumstances outlined in the regulations.

Once appointed, your delegate has clear legal duties. This individual follows your stated wishes as expressed in your directive and, using their decision making authority, acts in your best interests when your directive does not address a particular situation. The law provides delegates with immunity for good-faith decisions made according to your directive, protecting them from liability when they genuinely attempt to honour your wishes.

Providing clear written guidance makes your delegate's job easier during what will likely be a stressful time. Compare these two examples:

  • Clear instruction: "If I have advanced dementia and cannot recognize nearest relatives, I do not want CPR or intubation."

  • Vague instruction: "Do what's best for me."

The first example gives your delegate specific direction, while the second leaves them guessing. Discuss likely scenarios with your delegate in advance so they understand not just what you want, but why—this context helps them make decisions about situations you may not have explicitly addressed.

Personal Directive Storage Options

Provide copies directly to your family doctor, any specialists you see regularly, and your local hospital. Keep the original in a safe but accessible location—not a safety deposit box, which may be difficult to access quickly. Your delegate and key family members need to know exactly where the original and copies are stored so they can retrieve them when needed.

Consider modern access methods for emergencies:

  • Store a digital copy in secure cloud storage that trusted people can access

  • Wear a medical alert bracelet indicating you have a personal directive

  • Carry a wallet card with information about where your directive can be found

Updating and Revoking Your Personal Directive

You can change or cancel your personal directive at any time, but you have to have mental capacity to do so. Capacity is required because modifying a directive is essentially the same as creating a new one—you have to understand what you're changing and why. No one else, including your delegate or family members, can modify your directive on your behalf.

To formally revoke an existing directive, provide written notice to everyone who has a copy, destroy all copies you control, and follow any specific revocation procedures mentioned in your document. Keep a written record of the revocation with the date and your signature. If you're replacing an old directive with a new one, the new document typically includes language explicitly revoking all previous directives.

Notify all relevant parties promptly about any updates or revocations. This includes your health care providers, your delegate, alternate delegates, and family members who might be involved in your care.

Consequences of Not Having a Personal Directive

Without a personal directive, Nova Scotia law establishes a substitute decision-maker hierarchy to determine who makes decisions for you. The law typically looks to your spouse or domestic partner first, then your adult children, then your parents, then your adult siblings, and finally other adult relatives.

This hierarchy can create delays if the appropriate person is difficult to locate, and it can lead to serious conflicts if family members at the same level disagree about your care. When no eligible substitute decision-maker exists, or family members cannot agree, someone may need to apply to court for adult guardianship. Doing so often involves legal applications, court hearings, assessing capacity, and potentially significant legal fees.

A statutory decision maker may be appointed by law if you do not have a personal health care directive in place.

Common Personal Directive Mistakes to Avoid

Unclear or contradictory language creates confusion when your directive is needed most. Avoid vague terms like "extraordinary measures" or "reasonable treatment" without defining what you mean. Instead, use specific, concrete descriptions of situations and your wishes for each.

Improper witnessing and execution errors can invalidate your entire directive:

  • Forgetting to sign the document

  • Using a witness who is ineligible under the law

  • Failing to complete all required sections of the form

Many people create a personal directive but never discuss it with their chosen delegate named. Your delegate might not even know they've been appointed, or they might be unwilling to serve but never had the chance to say so. Schedule a conversation to review your wishes, confirm your delegate accepts the role, and check in periodically to keep them updated.

Personal directives, powers of attorney, and wills serve different purposes and operate at different times. For instance, your personal directive does not give anyone authority over your finances—that requires a power of attorney. Neither document distributes your property after death—that's the role of your will.

You may encounter terms like "advance directive," "advance care plan," or "living will" when researching personal directives. In Nova Scotia, the terms are sometimes used interchangeably with "personal directive," though they may have specific meanings in other provinces or countries. When creating your personal directive, it's important to focus on creating one that meets Nova Scotia's legal requirements under the Personal Directives Act.

Getting Professional Help with Your Personal Directive

When it comes to making a personal directive, certain situations benefit from professional legal guidance. Consider consulting an estate planning lawyer if you have complex medical conditions requiring detailed instructions, if you anticipate potential family conflicts over your care, if you own business interests that might be affected by health care decisions, or if you want your directive integrated into a comprehensive estate plan.

LM Legal Solutions offers estate planning services with a personalized, client-focused approach. Our team takes time to understand your health situation, family dynamics, values, and goals to ensure your personal directive truly reflects your wishes. Book a consultation to discuss your personal directive and broader estate planning needs.

FAQs About Personal Directives in Nova Scotia

Is a personal directive made in another province valid in Nova Scotia?

Generally yes, if the directive was properly executed according to that province's legal requirements at the time it was created. However, Nova Scotia health care providers are most familiar with local forms and the specific requirements of the Personal Directives Act, so you might consider updating to a Nova Scotia format after relocating.

Can I appoint multiple delegates for my personal directive?

Yes, you can appoint alternate delegates who step in if your first choice is unavailable, unwilling, or unable to serve. Only one delegate acts at a time.

Does getting married automatically revoke my existing personal directive?

No, marriage does not automatically cancel a personal directive in Nova Scotia the way it revokes a will. Your personal directive remains valid after marriage. However, you might want to review and update your directive after major life changes like marriage, divorce, or the death of your appointed delegate.

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.

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The Intersection Between Family and Estate Law

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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:

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