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?

/ Highlander Law Group/
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?

/ Highlander Law Group/
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 to Remove an Executor Appointed in Nova Scotia Who isn't Doing Their Job

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How to Remove an Executor Appointed in Nova Scotia Who isn't Doing Their Job

Being appointed as an executor of an estate is a position of trust and responsibility. Unfortunately, there may be instances where an executor fails to fulfill their duties adequately, causing distress and complications for the beneficiaries of the estate. In such cases, it may be necessary to remove the appointed executor using the Nova Scotia Probate Court.
Probate Court provides a legal avenue for addressing issues related to the administration of an estate. If you’re in Nova Scotia and find yourself in a situation where the executor is not carrying out their duties appropriately. This blog outlines the steps you can take to have them removed.

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Do I Need to Probate my Estate?

/ Highlander Law Group/
Do I Need to Probate my Estate?

Your loved one has passed away and you now have to figure out how to handle their affairs. When a person has died, all of the assets that belong to them at the time of death is called their “estate”.

In some cases, if there is a Will, the executor can simply read through the Will and distribute the contents of the estate as outlined in the Will. In some cases, even if there is no Will, a friend or family member can organize and distribute the estate to the next of kin.

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What is involved in Probate in Nova Scotia?

/ Highlander Law Group/
What is involved in Probate in Nova Scotia?

In Nova Scotia, Probate is required if a person dies without a Will, if the Will is contested, or if there are assets within the estate which require probate (e.g. owning land or registered assets). Put simply, probate is the formal process where the court determines who will administer the estate, who the beneficiaries are, and which assets each beneficiary receives. 

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Duties of the Estate Executor in Nova Scotia

/ Highlander Law Group/
Duties of the Estate Executor in Nova Scotia

The Executor of an estate is appointed under the Will to “Administer” the estate. Some of the responsibilities of the Executor during the administration of the estate include:

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