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 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.
It can be scary for a parent to get a call from child protection workers, but it doesn’t necessarily mean that the children are going to be taken away. In Nova Scotia, child protection is part of the Department of Opportunities Social Development, and is often referred to as CPS, though some people will also use the acronym CAS, which is short for Children’s Aid Society, which is the name used in Ontario.
Read MoreOn 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 MoreHaving your children removed from your home can be very scary for everyone involved. While it is normal to be emotional, the best thing you can do if this happens to you is to reach out for help, and ask questions, in as calm and polite a manner as you can.
Read MoreWe regularly help clients from other provinces in Canada and even other countries, buy and sell land in Nova Scotia. Often the clients are frustrated with the process and in particular the idea that they even need to hire an actual lawyer to complete the transaction. I find myself thinking, “You’re not in Kansas anymore.”
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 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 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 MoreNova Scotia Probate Court Can Require an Executor or Administrator to Post Security Prior to Opening the Estate
The Nova Scotia Probate Court can require a person applying for a Grant of Probate (Executor, when there is a Will) or a Grant of Administration (Where there is no Will) to post security in the amount of 1.5 times the value of the deceased person’s estate. Most commonly, this happens where there is no Will or the Executor(s) reside out of Province.
Read MoreAll things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:
Read MoreAll things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.
Read MoreCourts 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 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
