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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If a property is owned in joint tenancy by more than one person, then all owners must consent to the sale in writing. (If you’re not sure if the property is owned in joint tenancy vs as tenants in common review our blog on the topic to help you understand the difference) However, if an owner is no longer competent, then someone must consent on their behalf.

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

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

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

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8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

I can't count the number of times a friend or family of a deceased person came into our office with a “do it yourself” Will that couldn't be used because something was done wrong or missing. In theory, online “do it yourself” Will kits are supposed to save you money. Unfortunately, in many cases, issues with these Wills end up causing the person left trying to manage the estate significant time, stress, and money in legal fees to sort out the problem.

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How do I Calculate the Value of an Estate in Nova Scotia for Probate?

How do I Calculate the Value of an Estate in Nova Scotia for Probate?

If the estate requires Probate, the first document you submit to the court will require you to estimate the value of the deceased person’s estate at the time of their death. In many cases, assets may have been sold or money received into the estate after the person died, but for the purposes of calculating the value of the estate for Probate, you only include the assets as at the time of death.

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How is Probate Tax Calculated in Nova Scotia?

How is Probate Tax Calculated in Nova Scotia?

Probate Tax in Nova Scotia is applied to the full value of the assets in a deceased person’s estate, IF the estate is handled through the Probate Court. Not all estates require Probate. If you’re not sure if Probate is required, read our blog HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?

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Should I tell Anyone What’s in my Will?

Should I tell Anyone What’s in my Will?

In Nova Scotia, there is absolutely no obligation for you to disclose what is in any of your estate planning documents. That said, there are a number of circumstances when having a frank conversation with your executors and beneficiaries in advance of your death may avoid an unpleasant (and often costly) conflict after you are gone.

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Who has priority to Administer an Estate in Nova Scotia?

Who has priority to Administer an Estate in Nova Scotia?

In Nova Scotia, the Probate Act , section 32, outlines who has priority over who to administer someone's estate if they die without naming an Executor in a valid Will. this applies both when a person dies without having made a will, when someone has made a will but it is deemed not valid or when a person has a valid will but does not name an Executor or any named executors have predeceased the person.

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

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

If there is a competent adult who is in any way interested in the estate, such as a next of kin, beneficiary under the Will or a creditor, the Public Trustee will generally prefer to renounce their ability to act as administrator or personal representative of an estate.

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

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

Once upon a time, in a land not too far from were you are reading this, there lived a kind man. When he was young, he married. A few years later he realized the marriage was a mistake and he separated from his wife. However, divorce is expensive and their separation was agreeable so they never went through with any formal paperwork. Time went on, and the man met another women who he fell in love with. She too was still married to her husband from an earlier chapter point in her life. They moved in together and had one child. Collectively, their family now had five children because he has two children from his previous marriage and she had two from hers. Life was grand, but then he died.

 

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Are "Executor Fees" allowed in Nova Scotia under the Probate Act?

Are "Executor Fees" allowed in Nova Scotia under the Probate Act?

Probate is the process by which a “Personal Representative” is formally appointed to have the authority to administer the estate of a deceased. The person appointed Personal Representative assumes the duty of gathering information about all of the assets of the deceased, (such as bank accounts, investments and property) paying the debts of the deceased out of the assets of the estate, and then and distributing the remainder of the assets among the rightful heirs, who are known as beneficiaries .

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Who Should I Choose as My Executor for my Nova Scotia Will?

Who Should I Choose as My Executor for my Nova Scotia Will?

In Nova Scotia, your Executor is the person you designate in your Will to be legally responsible for distributing your assets to the beneficiaries you name after you’ve died. They’re also technically responsible for handling your remains. It is a very important role with heavy financial consequences attached to it, as such it is important to select someone who is up to the task.

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