Why do I have to probate an estate with a Will in Nova Scotia?

/ Highlander Law Group/

Two main reasons for Probate in Nova Scotia

People are often frustrated to discover that there are circumstances when, even if there is a valid Will, the estate still has to go through the Nova Scotia Probate Court process.

If you take the word of the folks on the internet, the purpose of Probate is a cash grab scheme cooked up between the government and lawyers. Not terribly surprisingly, that’s not the case. Probate of an estate in Nova Scotia is required primarily for two main reasons:

  1. Notification of All Interested Parties

  2. Fraud Prevention

Notification for All Interested Parties

One of the reasons the Probate Court process exists in Nova Scotia is to ensure that everyone who has an interest in the estate is notified that someone wants to administer the estate.

Sometimes the notification through the Probate process is the first time a beneficiary learns that the person has died. People ‘Interested’ in the estate, as defined in the Probate Act Regulations, are those named in the Will and those who would benefit if the Will is deemed invalid under the Intestate Succession Act (generally legal spouses and close relatives).

Once probate is granted, the appointed representative is required to send a copy of the grant and Will to all ‘interested people’ within 3 months. Those people then have the opportunity to contest any or all of the following:

  1. the Will’s validity (for example: undue influence, competency),

  2. whether certain clauses in the will are fair or reasonable, or

  3. whether the executor should get to continue acting

Fraud Prevention

The other main reason the Probate Court process exists in Nova Scotia is to protect the assets of the estate from fraud. In many cases, if an estate asset is held or managed by an entity that could be sued if they disbursed the assets to the wrong person (for example a bank), the entity will insist that they will only release the assets to the person appointed by the Probate Court.

Imagine if Bob Smith comes in to the bank with a document claiming it to be the Will of John Doe. The bank gives him all of the late John Doe’s money. The next day Betsy Smith comes in with a different document that says she’s the beneficiary of John Doe – but the money has already been given to Bob Smith. You can see the problem. As a result, banks and other entities like them want some assurance from the bank that the estate asset is going to the correct person.

To learn more about the Probate Court process in Nova Scotia please check out our other blogs on the topic:

  By: Dianna M. Rievaj – Managing Lawyer

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