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. .
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?
Read MoreSquatter’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.
Read MoreIn 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.
Read MoreIn 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.
Read MoreIf 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.
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.
Read MoreIn 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.
Read MoreIf 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.
Read MoreIt is not necessary to Probate many estates. Probate is the process of having the Court essentially babysit the administration of an estate
Read MoreFor 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).
Read MoreOn 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.
Read MoreIn 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.
Read MoreYou 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.
Read MoreMoving 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.
Read MoreYour loved one has passed away and you now have to figure out how to handle their affairs. When a person has died, all of the assets that belong to them at the time of death is called their “estate”.
In some cases, if there is a Will, the executor can simply read through the Will and distribute the contents of the estate as outlined in the Will. In some cases, even if there is no Will, a friend or family member can organize and distribute the estate to the next of kin.
Read MoreSo you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.
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
