Wills and Estates – The main purpose of a Will is to ensure that upon a person’s passing, his or her property is distributed according to their wishes. In most cases, it will prevent the possibility of disputes over who is entitled to a share of the deceased’s property (the estate).
If a person dies without a Will, it is called intestacy. In such a case, the provincial legislation applies to govern who will receive a portion of the estate. This may result in your estate being distributed to children or relatives from whom you may be estranged at the time of your death in a way which is far from what you would have wanted.
If you have had major changes in your life, such as acquiring real property (e.g. a home), having children or a marriage or divorce, it is recommended you speak with a lawyer about having a Will drafted to protect your potential beneficiaries. If you already have a Will, and have gone through major changes in your life, such as the death of a named beneficiary or executor, or new additions to your family who you would like to include in the distribution of your estate, you should consider having your Will updated.
Probate Law – Are you dealing with the death of a loved one and concerned about property and probate laws in Nova Scotia? The lawyers at Scotia Law have been serving Halifax area clients since 2010. When a person dies, the property he or she owned must be passed on (distributed) to his or her heirs. The legal process for passing on “ownership” of the property is called Probate.
The term “probate” refers to a “proving” of the existence of a Will and determining who the legal heirs are if no Will exists. The process of probate determines who will receive the property and, or assets of the deceased. A family member, such as your spouse or an adult child, can request that the court appoint him or her as the Personal Representative for your estate. Regardless of who is finally selected, the court gives your personal representative official rights to handle your estate’s affairs.
If you require assistance with the administration of a loved one’s estate, please contact our office to speak with one of our lawyers for more information about this procedure. We take pride in offering services in both English and French.