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. .
When the judge renders their decision after a Supreme Court of Nova Scotia trial, generally for ever one party that is happy and convinced the judge got it right, there is another party that is upset and equally convinced the judge got it wrong. Read on to learn about the steps you must take if you wish to appeal.
Read MorePeople 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:
Read MoreNo one really wants to spend money on a lawyer, but sometimes it becomes the only practical option. Here are a few practical tips to minimize the amount of money you spend on legal fees if you do have to retain a lawyer in Nova Scotia.
Read MoreOne of the most common things I hear from people who are owed money in Nova Scotia is "I don't even know where to start." As a litigation lawyer, if I'm asked that question, my answer is "Find out what your options are."
Read MoreA common occurrence we see in our Nova Scotia law firm is buyers who have a complaint about their new home AFTER the deal is closed. Unfortunately, it’s often a complaint that falls squarely within the buyers due diligence conditions, which they waived during the purchase process. Most often, the excuse is that there “wasn’t time” to arrange for the proper tests, inspections etc. within the condition timeframe.
Read MoreOur law firm often gets panicked correspondence from a mortgage broker or a client asking if we can do a refinance in a "rush" when people have left their mortgage renewal or refinancing with a new lender until the very last minute. This is putting unnecessary pressure on everyone involved in the process, not the least of which being the client, and it does not have to be like that.
If you are not selling to a third party for value, you are able to change the name(s) on the title to your property in Nova Scotia by executing a deed called a “Quit ClaimDeed”.
This type of deed allows you to deed whatever claim you may have to a certain property to another person. Often, a property owner will deed their ownership to themselves AND another person. This makes the other person an equal owner of the property.
On closing day in Nova Scotia, the buyer is entitled to do a pre-closing inspection, "walk-through" to confirm that they are satisfied with the condition of the property now that the seller has moved all of their things out. What happens if the buyer is NOT happy?
The easiest way to make sure that support is paid is to register your agreement with the court. Under the Parenting and Support Act, you can register a signed separation agreement with the court.
Read MoreIn Nova Scotia, the definition of “common law marriage” is different depending on why the designation is needed.
For example, for income tax purposes, the CRA defines a common law partners as any couple who are not legally married, but have been living together for at least 12 months, or are living together and have a child together.
Read MoreIf you’ve separated from your spouse or common law partner in Nova Scotia, a separation agreement is the easiest way to deal with all of the financial parts of separating, especially if you can agree on the terms. Your bank will also likely require a formal separation agreement, with independent legal advice before allowing you to remortgage your home.
Read MoreA “prenup” (or prenuptial agreement) is a form of marriage contract, usually signed prior to getting married, and in anticipation of getting married in the future. However, a marriage contract can also be signed after the marriage, and a version of this type agreement, called a “cohabitation agreement” can be signed by any couple either in anticipation of living together, or after they have already started living together. Whether or not they ever plan to get married.
Read MoreThe Purchase and Sale Agreement is signed. Your Realtor says you need a lawyer for the next step but of course you don’t ‘have a lawyer’. How do you figure out which lawyer to hire?
Read MoreJudgment Orders from other jurisdictions (like other Provinces or Countries) are not automatically enforceable in Nova Scotia. To enforce the Order, you first must have the Nova Scotia courts recognize and register it here in Nova Scotia.
Read MoreBuying or selling a home in Nova Scotia can be a stressful and hectic time, especially in the days leading up to and on closing day. Here are 4 helpful tips to consider when making plans.
Read MoreThe only way you are able to change the ownership of a property in Nova Scotia is by signing a new deed. The most common way, if you are not selling your property, is by way of a “Quit Claim Deed”.
Read MoreSeparation can be a very emotional time. Even when people part ways on good terms, it can be difficult to make rational decisions. If possible, we recommend contacting three key professionals – a therapist, an accountant, and of course, a lawyer.
Because common law spouses aren’t protected by the Matrimonial Property Act (the law that talks about how married people’s property is divided), a separation agreement is usually the way that most common law partners resolve the division of assets and debts
Read MoreIn Nova Scotia, a Power of Attorney and Personal Healthcare Directive are documents you can use to appoint someone else to make decisions for you. The documents can come into effect right away or only upon your incompetence. The Power of Attorney appoints someone to take care of your property and finances. Your Personal Healthcare Directive appoints someone to take care of you, personally, specifically your medical and healthcare needs.
Read MoreIn Nova Scotia, all things ‘Power of Attorney’ are governed by the recently updated (July 2022) Powers of Attorney Act.
The Act tells us that in order for a Power of Attorney executed after July 2022 to be valid, the donor’s signature must be witnessed by not just one, but TWO witnesses.
The following criteria must be met for the witnesses to be eligible:
Read MoreThe Act tells us that as long as the donor is over the age of majority (19+ in Nova Scotia) and still competent (See our blog on the level of competence required if you aren’t sure) a person can still grant their Power of Attorney even if they can’t physically sign it themselves.
Read MoreT 902.826.3070
F 902.826.1694
E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
B3Z 2J1
