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

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

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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?

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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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

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Do Nova Scotia courts favour mothers in custody battles?

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Do Nova Scotia courts favour mothers in custody battles?

Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.

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My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

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My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

In Nova Scotia, we have what we call “no fault” divorce. This means that we do not take into consideration the “why” of the breakdown of the marriage, at least when it comes to the financial aspects, such as spousal support or division of property. In short, in Nova Scotia you will not be entitled to more or less support or other property because your ex-spouse had an affair or was abusive.

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My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

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My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

If you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.

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Spousal buyout? What is it – how does it work in Nova Scotia?

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Spousal buyout? What is it – how does it work in Nova Scotia?

So, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of.  What does that mean?

 Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.

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Am I able to add my adult children to the Deed to my Property in Nova Scotia?

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Am I able to add my adult children to the Deed to my Property in Nova Scotia?

You can add additional owners to your property whenever you want. The new owner does not have to pay money and they can be family members. You can make the new person an equal share owner or you can give them a certain percentage. Most commonly, parents add their children as Joint Tenants. This makes the child an equal owner with any other Joint Tenants. The benefit to the Joint Tenant route in Nova Scotia is that when one person dies, the surviving owners automatically become full owners without requiring the estate to pass through Probate Court (saving time, stress and significant money).

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How Do I Add my Common Law Partner to the Title of my Nova Scotia home so they are an Owner too?

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How Do I Add my Common Law Partner to the Title of my Nova Scotia home so they are an Owner too?

Jane Doe purchased the property a number of years ago and is currently the sole owner. Several years remain on the mortgage. Jane wants to make sure her common law partner would become equal owner of the house, and would get it outright with as few complications as possible, if Jane died. Learn how to make it happen!

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How to create a legally binding co-habitation agreement in Nova Scotia

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How to create a legally binding co-habitation agreement in Nova Scotia

What is a co-habitation agreement?

A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.

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Cohabitation agreements for non-romantic relationships in Nova Scotia

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Cohabitation agreements for non-romantic relationships in Nova Scotia

Sharing works best when everyone is on the same page …… or preferably a few pages. Cohabitation agreements are not just for couples.

 With the changing real estate market and housing shortage it is becoming more and more common for people who are not in romantic relationships, and various family members to be sharing ownership of homes.

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What’s the benefit of having a Co-habitation Agreement for my common law relationship in Nova Scotia

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What’s the benefit of having a Co-habitation Agreement for my common law relationship in Nova Scotia

What is a co-habitation agreement?

A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.

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I Don’t have a deeded Right of Way Easement. Do I have still the right to travel over someone else’s property or road to access my property?

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I Don’t have a deeded Right of Way Easement. Do I have still the right to travel over someone else’s property or road to access my property?

The answer to that question, unfortunately, is a giant, “It Depends.”

The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.

The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.

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Can I record an easement on a piece of land in Nova Scotia that has already been migrated to the Land Registration System?

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Can I record an easement on a piece of land in Nova Scotia that has already been migrated to the Land Registration System?

In Nova Scotia, once a property has been migrated to the Land Registration System, the rules under the Land Registration Act take over. 

Easements by Grant

In theory, all granted easements should have been recorded on both parcels at the time of migration, however, from time to time, things are missed. It is also the case that when the land registration system came into place it was not a requirement for the ‘flip-side’ burden to be recorded, so sometimes those are missing. If you find yourself in that circumstance, all that is required is for the Land Registration Office to be notified of the error (by way of a prescribed form submitted by a lawyer certified to make changes to the land registration system).

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What does my Nova Scotia Easement allow me to do?

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What does my Nova Scotia Easement allow me to do?

A deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land. 

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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?

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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?

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

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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?

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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What does it mean if someone has a Deeded Right of Way Easement over my Nova Scotia property?

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What does it mean if someone has a Deeded Right of Way Easement over my Nova Scotia property?

An easement is the right for the owner of one parcel of land to enjoy a specific benefit over a nearby property. If it is a ‘Deeded’ easement, it means the right was created by a documented agreement between the owners of the involved parcels of land. In Nova Scotia, deeded easements attach to the land and continue to be in force even after the parcel has changed hands

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

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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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Understanding Deed Transfer Tax When Purchasing Property in Nova Scotia

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Understanding Deed Transfer Tax When Purchasing Property in Nova Scotia

If you considering buying a property in Nova Scotia it's crucial to understand the various costs involved, including the deed transfer tax. In Nova Scotia, this tax plays a significant role in the total cost of a real estate transaction .

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