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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What are my options if I was promised family land in Nova Scotia but the Will leaves the land to someone else?

What are my options if I was promised family land in Nova Scotia but the Will leaves the land to someone else?

The important thing to remember in a circumstance such as this one is that a person can only direct who inherits their estate assets with a Will. The critical question to determine is, did the property belong to the testator at the time of his death, or was he only holding it in trust for the person he promised it to?

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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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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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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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What is an Executor in Nova Scotia and what are their duties and job?

What is an Executor in Nova Scotia and what are their duties and job?

When a person creates a Will in Nova Scotia the two main functions of the Will are to determine which assets each beneficiary will receive and to appoint the person who is in charge of following the instructions in the Will. The Executor is title given to the person whose job it is to follow the instructions in the Will.

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What do I have to do to before I draft my Will and Estate Planning Documents in Nova Scotia?

What do I have to do to before I draft my Will and Estate Planning Documents in Nova Scotia?

A common question we get when people contact us about starting the process of drafting their Will or estate planning is “What do I have to do before I come in?”  The short answer is nothing.  At our firm, when we help people with their estate planning we don’t require any sort of forms to be filled out in advance, nor do you have to compile a laundry list of bank account numbers or balances

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Appointing a Guardian for Minors in Nova Scotia

Appointing a Guardian for Minors in Nova Scotia

All children under the age of majority, which is 19 in Nova Scotia, require a legal guardian. This position is typically assumed by their parents. When one of the two parents die, guardianship of minor children is generally transferred automatically to the surviving parent. However, in circumstances where both parents have passed away, or the surviving parent is unfit to take on the role, guardianship will be determined depending on certain factors.

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