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

/ Highlander Law Group/
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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What Happens to my Pet if I Divorce or Separate in Nova Scotia?

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What Happens to my Pet if I Divorce or Separate in Nova Scotia?

In Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.

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Provincial Deed Transfer Tax

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Provincial Deed Transfer Tax

As you may have heard, there is now an additional Provincial Deed Transfer Tax payable by home buyers who are not residents of Nova Scotia.


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

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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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Let us be the wet blanket – it is part of our job! - Your Nova Scotia real estate lawyer as an advocate for you.

/ Highlander Law Group/
Let us be the wet blanket – it is part of our job! - Your Nova Scotia real estate lawyer as an advocate for you.

Lawyers have a multi-faceted reputation – not all of it flattering, but being the “stick in the mud” when it comes to fulfilling your contract when you buy or sell a home is something I will happily claim.

It is my job as your lawyer to be on the lookout for ways to protect you throughout the buying and selling process. We review your contracts, your mortgage documents, the title for your property, and any receipts and repairs required by the contract.

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Property Taxes vs Deed Transfer Tax – What you need to know about taxes when buying a home in Nova Scotia

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Property Taxes vs Deed Transfer Tax – What you need to know about taxes when buying a home in Nova Scotia

When buying a used (read: previously lived in) home there are two types of tax you will see come up on your statements from your lawyer.

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How is Probate Tax Calculated in Nova Scotia?

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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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Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

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Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

Squatter’s Rights is the concept that if you openly adversely possession someone else’s land continuously for the required length of time (usually 20 year for privately owned land, 40 years for Crown land), that you can apply to the court for an order declaring that you have become the legal owner of that land. The idea is that a land owner can’t sit back for decades and do nothing and then come out of the woodwork and demand their land back.

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Should I tell Anyone What’s in my Will?

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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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What Happens to my House if I Die Without a Will in Nova Scotia?

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What Happens to my House if I Die Without a Will in Nova Scotia?

In Nova Scotia, what happens to your estate if you die without a valid Will is determined by the Intestate Succession Act. The Act outlines who will inherit your assets and in what proportion.

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Nova Scotia home for sale over the holidays? Decorating tips to not detract from the sale.

/ Highlander Law Group/
Nova Scotia home for sale over the holidays? Decorating tips to not detract from the sale.

If you are buying a home for the first time you may qualify for First Time Home Buyers' rebate.

A "first time buyer" is an individual who builds or purchases a newly built home and has not owned or occupied a home in Canada in the last five years.

The eligibility criteria for this rebate:

  • · The house is newly built. Substantial renovations such as a major addition or converting a building into a home do not qualify.

  • · The house is located in Nova Scotia and will be used for your (or your relation's) primary residence.

  • · Can only be claimed by individuals - not businesses.

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Who has priority to Administer an Estate in Nova Scotia?

/ Highlander Law Group/
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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Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

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Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

In Nova Scotia if there is a dispute over the ownership of, or rights to the use of, land, the starting point is the Statute of Frauds. The Statute of Frauds recognizes that land ownership is so valuable, ownership can only be transferred in writing. The goal is to avoid confusion as to ownership rights to land.

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

/ Highlander Law Group/
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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How do I Know if a Nova Scotia Estate Requires Probate?

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How do I Know if a Nova Scotia Estate Requires Probate?

It is not necessary to Probate many estates. Probate is the process of having the Court essentially babysit the administration of an estate

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What Compensation am I Entitled to if my Purchase and Sale Agreement is Terminated in Nova Scotia?

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What Compensation am I Entitled to if my Purchase and Sale Agreement is Terminated in Nova Scotia?

For a variety of reasons, both the seller and the buyer are entitled to terminate a real estate purchase and sale agreement, including in rare cases after the agreement is firm (firm = all required conditions have already been met).

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Do I Need a Vaccine Policy for my Nova Scotia Business?

/ Highlander Law Group/
Do I Need a Vaccine Policy for my Nova Scotia Business?

On October 6th Premier Houston announced that all Nova Scotia Public Servants must be vaccinated by November 30th. Premier Houston followed this announcement by urging private businesses to create their own vaccine mandates.

After these recent announcements on vaccine mandates you may wonder if your business needs a vaccine policy.

All businesses are different and there is not be a “one size fits all” policy that works for every business.

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Nova Scotia’s Statute of Limitations: What if I’m out of time?

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Nova Scotia’s Statute of Limitations: What if I’m out of time?

In Nova Scotia there exist time limits that decide if you can, or cannot bring your claim forward. These time periods are covered by the Limitations of Actions Act. A simple way to visualize these limitations periods are as a timer ticking down. The timer can be extended or paused, but it will still eventually run out.

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How to Not Get Sued When You Terminate an Employee

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How to Not Get Sued When You Terminate an Employee

You have an employee who has been with you for a number of years and it is time to let them go. They haven’t done anything egregious, but they aren’t a great employee and your corporate cash flow tells you its time to reduce staffing costs.

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Don't Fall into the Trap of a Bad Closing Day

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Don't Fall into the Trap of a Bad Closing Day

Moving can be exciting, but can also be a stressful time. What day your closing date falls on can contribute to how smoothly the transaction goes. There are a lot of moving parts on closing day, and it’s better to be safe than sorry if something pops up that causes a delay. Potential issues could be, a delay in funds from your bank, a contentious issue on the walk-through etc.

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