Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
Courts in Canada have repeatedly recognized the right of a child to have the name, gender expression and gender identity of their choosing. Even if you have not legally changed your child’s name and gender marker, a Nova Scotia court will use the name and pronouns indicated by parents in the application.
Read MoreQuite simply put, Notary Publics and Commissioner of Oaths are people who have been authorized by law to serve as an official witness to the signing of various legal documents. Notarizing a means that a Notary or Commissioner has taken the proper steps to verify your identity and then has witnessed your signing of a particular document. Afterwards they seal and sign the document to certify their witnessing of the signature.
Read MoreA business run by multiple partners through a corporation in which you are all shareholders should have a shareholder’s agreement. Yes, even if you are all friends or family. In fact, it is perhaps even more important in that case! Business ventures sometimes fail and even the closest of friends can fight over how a business is being run. A shareholder’s agreement allows you and your partners to agree on many contentious points in advance of any problems arising while cooler heads still prevail.
Read MoreThe 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:
Read MoreWhy do I need a Will?
It is important to explain the general purpose of Wills before outlining the reasons why you should consider getting one. A Will is your opportunity to decide what you would like to happen with your assets at your death. Generally, your Will can provide for an immediate distribution of your assets to your chosen beneficiaries (friends, family, and charities) or the distribution can be delayed using “Trusts” (a topic for another day).
There are four primary reasons why you should have a Will:
Read MoreThe role of directors in a company and the liability they can incur by their actions is not often the subject of mainstream news reporting. It sometimes comes up when discussing corruption in large multinational companies. However, a recent local court decision has shone a light on this infrequently discussed topic.
Read MoreGetting pre-approved for a mortgage is a great first step in your home shopping process. It will give you an idea of how much you qualify to borrow, which in turn gives you a budget to work with when you are looking. This is a number to work with before you decide on a certain property. It is important to note that there is a difference between pre-approval and final approval for your mortgage.
Read MoreIn most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).
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Because each family and every situation is different, family law can be a unpredictable area of law. There are lots of grey areas and not very many things are carved stone. Child support proves to be the exception to this uncertainty because it tends to be clear cut by comparison.
Read MoreOne of the items on my ever growing “To-Do” list was to write a blog post outlining the copyrighting issues that the average small business owner should be aware of. And like a gift, sent directly to my inbox, came this exceptionally well written guest blog post by my colleague Corinne Boudreau of Legal Essentials Inc. via my subscription to Linda Daley’s blog ‘Work better, not harder’. As the saying goes, there’s no point trying to re-invent the wheel so instead of attempting to write basically the same thing, I decided to share her post instead:
Read MoreA common (and troubling) statistic is that approximately 50% of adult Canadians do not have a valid Will. The reasons why people haven’t yet prepared their Wills are varied but I’ll suggest one of the more important is that they don’t understand the consequences of dying without one.
Read MoreI recently came across a story in the news highlighting the unfortunately common situation where a small business owner is facing financial disaster as a result of terms in their commercial lease they didn’t fully understand when they signed. Cash flow challenges are reality for most small business, particularly those in the start up phase. As a result, many view spending money to have a lawyer review what appears to be a standard lease is a luxury they can’t afford.
Read MoreBuying a new home can be a very exciting prospect, however, there are also a lot of practical realities that go along with buying and owning a home. The first thing you should do before looking at any homes is determine your budget.
This means sitting down with a mortgage professional before you start your search in order to determine what you can afford. It can be a heartbreaking experience looking at homes outside of your budget, not to mention it wastes your, and your realtor's time and resources that could be better spent looking for the right house for you.
Read MoreThe average person knows that they have to have a lawyer to complete their real estate transactions - the real question is why? Here are some of the things your lawyer is doing for you:
Read MoreFailing to close on a purchase or sale obviously isn’t anyone’s Plan A, but it does happen. What does Plan B look like?
Some of the reasons that a deal might fall through on closing day include, financing issues, a buyer purchasing a home on the condition that their previous home sold, major issue arises on inspection or pre-close walk through that cannot be resolved.
Read MoreOne major piece of the picture when buying your home is inspecting the property to decide A) what issues there are and B) how they will be addressed OR if you are willing to live with them.
Professional Inspection
One of the first steps after you have signed an agreement of purchase and sale is a home inspection. It is always a good idea to use a professional home inspector come in and do an inspection of the home you are considering buying. Their job is to flag any issues that may change your mind about purchasing the property, or the price you are willing to pay for it. The inspection is the opportunity to raise issues that will need to be addressed. As a result there may be further negotiations with the seller to either take care of the issue prior to closing, or sell at a lower price so you will have the money to fix it. You should look for an inspector that has both liability AND errors and omissions insurance. This protects you not only from any damage they might cause while on the property to do the inspection, but also provides you with possible recourse if they miss something important on the inspection.
Read MoreIt can be hard to decide who is best to help you find the right mortgage. What makes one broker a better fit for you than another? While the search can seem overwhelming, it is worth taking the time to find the right broker for you. A few tips to help you make this choice:
Read MoreAsk almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision. A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?
The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.
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Thinking of buying or selling your home? You should enlist the services of a real estate agent to complete the transaction. Buying or selling your home is one of the largest transactions you will complete in your lifetime. Its important to get it "right". A real estate agent can help you do this in anumber of ways.
Read MoreAre you interested in moving out of an apartment, or building equity instead of paying rent, but a traditional mortgage isn’t the best choice for you? There may be a solution out there for you that you were unaware of. Foxwood Village is a new development in Hubley that is taking what some might consider an unconventional approach to creating their development. If you buy a home in Foxwood Village, you are buying the house itself, but you will lease the land it sits on. You pay a monthly rental fee for the land. The rental fee and collateral mortgage payments would still be less than the average traditional mortgage payment.
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