Wills and 
Estates.

Lorway MacEachern McLeod Burke has a wealth of experience in preparing wills, power of attorneys and personal directives.

A Will is a written declaration that gives us the right to predetermine what will happen to our property after we die, and is effective only upon our death. Generally speaking, a Will is valid in Nova Scotia if the following characteristics are present:

  • The Will is signed by the person making it, this person being of “sound mind”.
  • The Will is witnessed by two other individuals, who are not name in the Will
  • The two witnesses are concurrently present and have witnessed the entire signing operation.
  • The signatures are placed appropriately at the bottom of the Will.
  • The testator must be at least 19 years old, unless he or she is married or in active service as a member of the armed forces of Canada or the British Commonwealth.

 

For further information, please contact a member of the Lorway MacEachern McLeod Burke Wills and Estates Practice Group

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Frequently Asked Questions:

Why Is It Important to Have A Will?

A Will provides you with peace of mind that your estate will be distributed in accordance with your wishes. If you die without a will your estate will disposed of in accordance with the provisions of Intestate Succession Act, R.S.N.S. 1989, c. 236 and it is possible that your property will be passed to someone you did not intend to benefit.

A Will permits you to appoint a guardian if you have any minor children. If you die intestate, it is possible that the guardian may be appointed by the court, and may be somebody that you would not have appointed yourself.

If you have a will, you may appoint an executor who will distribute your estate in accordance to your wishes. If you die intestate, an administrator must be appointed and there will be a requirement for this individual to put up a bond. Having confidence in your Executor, you may stipulate in your Will that your Executor will not be required to post a Bond, thereby avoiding the expense and delays typically created when an Executor must post a Bond.

 

When Should I Revise My Will?

Generally speaking, changes in your circumstances, or the circumstances of people mentioned in your Will may call for a change in your Will. For example: –

  • If an executor dies or otherwise becomes unsuitable or unwilling to act as your executor;
  • If a beneficiary dies;
  • If a specific gift is no longer owned by you, or changed its nature;
  • If you become divorced, remarry or adopt children;
  • If you property increases or decreases significantly, you should consult your lawyer.

 

Estate Planning

A detailed process involving creation of trusts, and consultation with chartered accountants to maximize tax savings. This service is billed on an hourly basis.

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