Wills & Estate Disputes

Allen Law Inc. has represented clients in Nova Scotian estate disputes in all levels of court in Nova Scotia. If you have been removed as a beneficiary or are a dependent or a family member of the deceased and your needs have not been taken care of in a Will, you should seek legal advice to see what, if any, remedies you may have. Typical issues we deal with involve Will challenges as to whether the Will was properly valid or the person giving instructions in the Will had the capacity to fully understand what they were doing. We look at whether there was undue influence by any others that were involved in the Will. As part of reviewing any Estate claim, we also look at quantum merit claims whereby you may have provided extraordinary help to the deceased and as such have an appropriate claim.

Estate Planning


Having a properly prepared Will that is enforceable and actually achieves what you want it to is a cornerstone of responsible estate pack planning. Having a proper Will in Nova Scotia is in many ways an expression of caring for your loved ones as it makes dealing with your wishes and estate much easier and cost efficient. Allen Law Inc. is able to provide professional advice in the preparation of Wills and Estate Planning to maximize your opportunities for a smooth transition that will achieve your wishes. This includes setting up trusts for minor children or other dependents.

In addition to a Will, a Power of Attorney a Medical Directive and an Insurance Trust Agreement are also important documents to consider to ensure that you and your loved ones are protected. Each has a different purpose and use. At Allen Law Inc., we are able to offer a special Estate Package to clients of Wills in Halifax and throughout Nova Scotia. We will prepare all these important documents , including professional advice.

Hiring a lawyer to assist in a Nova Scotia based estate matter


If you are acting as an executor, it is a good idea to hire a lawyer to advise you of all your obligations. If you do not properly fulfill your obligations to either beneficiaries or creditors, you can be held personally liable. Liability can be minimized if you get appropriate advice and take certain steps such as appropriately advertising the estate in the Royal Gazette, prior to distributing assets.

Furthermore, if you are a beneficiary or believe you should have been in a Will, it is important to get advice from a lawyer to determine if you have a claim against the estate, notwithstanding that you may not have been named in the Will. The lawyer can help determine if the Will was indeed a valid Will or if you should have been named as a beneficiary and may have a claim as a dependent family member. At Allen Law Inc., we have assisted clients throughout Nova Scotia with claims against estates and have provided timely advice to executors.

In addition to a Will, a Power of Attorney, Medical Directive and an Insurance Trust Agreement are important documents to consider ensuring that you and your loved ones are protected. Each has a different purpose and use. At Allen Law Inc., we are able to offer a special Estate Package to clients seeking advice in Halifax and throughout Nova Scotia. We will prepare all these important documents, and provide professional advice.

Wills


Having a properly prepared Will that is enforceable and actually achieves what you want it to is a cornerstone of responsible estate pack planning. Having a proper Will in Nova Scotia is in many ways an expression of caring for your loved ones as it makes dealing with your wishes and estate much easier and cost efficient. Allen Law Inc. is able to provide professional advice in the preparation of Wills and Estate Planning to maximize your opportunities for a smooth transition that will achieve your wishes. This includes setting up trusts for minor children or other dependents.

In addition to a Will, a Power of Attorney a Medical Directive and an Insurance Trust Agreement are also important documents to consider to ensure that you and your loved ones are protected. Each has a different purpose and use. At Allen Law Inc., we are able to offer a special Estate Package to clients of Wills in Halifax and throughout Nova Scotia. We will prepare all these important documents , including professional advice.

Estate Planning



Powers of Attorney & Medical Directives in Nova Scotia


A Power of Attorney allows you to appoint another individual to do “X” for you when you are unable to. Throughout one’s life and often before one passes, there are times where one is unable to care for oneself. If you are incapacitated, having someone who can carry out actions for you is essential. Having a proper Power of Attorney can also ensure that a trusted friend rather than the Public Trustee (a government employee that will administer the financial affairs of those declared incompetent) can tend to your affairs and fulfill your wishes.

A Power of Attorney, while important for everyone, is often essential if one has an elderly parent requiring help. As Nova Scotian Estate lawyers, we have experience, knowledge and compassion to deal with your needs and the needs of an elderly parent or loved one.

Medical Directive


Having a Medical Directive can make it easier on your family and physicians. You can appoint someone to deal with issues of medical treatment and end of life decisions when you are unable to participate. You can make your wishes known to the person you designate. This can include your instructions in relation to extraordinary life extension measures.

Estate Administration


For many Canadians, serving as executor for a loved one or friend’s estate is an honour. Most people are unaware of the extent of the executor’s legal duties. As an executor in Nova Scotia, you incur legal liability to ensure that the deceased wishes are carried out and this includes obligations to beneficiaries and creditors of the Estate. Ensuring the Estate is properly probated and advertised is a key to ensuring that your duties as an executor are fulfilled and you minimize your chances of incurring legal liability in relation to acting as an executor in Nova Scotia.

At Allen Law Inc., we have acted as Proctors for estates (advisors to executors that ensure the estate is administered properly). We are happy to meet with you to discuss your executorship and provide necessary advice to ensure you are able to succeed in this important role. How do you confirm that you were named as executor?


Being an Executor in Nova Scotia

Hopefully, you have been given a copy of any Will in which you are named executor and provided instructions as to where the original would be located. If not, it would be worthwhile to check the deceased home and contact the deceased’s bank to see if there was a safety deposit box. Contacting the office of the lawyer who drafted the Will is also a good start. To look in a bank safety deposit box, you will need to contact the bank to make an appointment and provide a copy of a death certificate. The bank official can look in the safety deposit box to see if there is a Will in which you are named executor. If so, the bank will let you take the Will and you should proceed to your lawyer’s office to take the next step, namely, probating the Will and getting advice to ensure that you properly fulfill your legal obligations as executor.

At Allen Law Inc., we have acted as Proctors for estates (advisors to executors that ensure the estate is administered properly). We are happy to meet with you to discuss your executorship and provide necessary advice to ensure you are able to succeed in this important role.

Probating an Estate


Probating an Estate in Nova Scotia

Probate is the process of getting Probate Court to rule that the Will is legally valid

Having the Will probated in Nova Scotia will involve your being legally appointed as executor and having authority to deal with the assets of the estate. Estate assets usually consist of any land, house, cash, investments, vehicles and personal items that the deceased owned. In order to legally deal with these assets, you will need to probate the estate and have the Will determined to be a valid Last Will and Testament.

Insurance Trust for minor children


An Insurance Trust Agreement sets up a trust to administer any insurance proceeds that minor children, or for that matter, anyone else you chose, may obtain. This way you can ensure that the life insurance monies are responsibly and appropriately administered for the maximum benefit of your loved ones. Remember, if you do not have an insurance trust agreement, minor beneficiaries will be entitled to all of the proceeds upon reaching the age of majority.