Wills and Trusts
Will and Trust lawyer
Will and Trust lawyer
A will is a legal document that determines how your estate (everything you own including property, personal effects and money) will be distributed after your death and also allows you to determine who will be in charge of handling your estate.
A will allows you to:
- Appoint a Personal Representative/Executor to administer your estate
- Appoint a Guardian for your minor or disabled children
- Create Trusts for beneficiaries
- Distribute your assets in accordance with your wishes
- Plan for taxes
- Opt out of provincial legislation requiring bonding and court applications
- Save money and time
In Nova Scotia you must be 19 years old to make a will unless you are under 19 and are married.
You must have mental capacity and be of “sound mind”. It is important to make your will while you are able to do so.
Your will must be in writing and be signed by two adult witnesses who are not beneficiaries. There is an exception for a holograph will, which must be wholly in your own handwriting. A holograph will must be proven. It is easier to have a will accepted by the Probate Court where it is properly executed and witnessed.
Testamentary and Discretionary Trusts
When preparing your will, it is significant to turn your mind to whom your beneficiaries will be. If you have children who are minors, you may wish to set up a testamentary trust in your will, which will allow property to be held in trust until they reach the age of majority or until they reach an age at which you wish for them to inherit. In some cases, you may want trust funds to be used for certain purposes while being held, for such things as education and medical expenses. You can also indicate if you wish to have the trust funds distributed in stages, (i.e.; 1/3 at age 21, 1/3 at age 25, 1/3 at age 30).
Discretionary Trusts (often referred to as Henson Trusts) can be set up to provide for disabled persons who are in receipt of public funding or social assistance so that their inheritance can be used for them when needed but is not subject to claw back from the government. It is important that such clauses are drafted carefully to give them the legal effect intended.
Why Choose Us
Counsel With 30 Years of Practice Experience
Decades of experience in estate law mean you get clear, practical guidance for your will and trust planning.
One-on-One Legal Support
You work directly with an experienced lawyer who takes the time to understand your situation and provide tailored advice.
Transparent and Straightforward Process
Transparent and Straightforward Process
Whether you’re starting a family, planning for retirement, or updating your will, your estate plan is built around your specific needs.
FAQs
Why do I need to prepare a will?
A will is a significant legal document that makes sure your money, property, and belongings go to the right people after you pass away. Without a will, the government decides how to divide your estate, which can cause delays, extra costs, and even family disputes. A will also lets you choose someone to manage your estate and name a guardian for your children if they are under 18.
For example, imagine Sarah, a mother of two, passes away without a will. Her family assumes everything will go to her kids, but since there is no legal document, the court decides how her assets are divided. This process takes months, costs extra legal fees, and creates stress for her family. If Sarah had made a will, she could have clearly stated her wishes, saved her loved one’s time and money, and ensured her children were cared for by someone she trusted.
Having a will gives you control over what happens to your estate and makes things easier for your family during a difficult time. It’s a simple step that can prevent unnecessary problems and help protect the people you care about.
What happens if I die without a will in Nova Scotia?
If you pass away without a will in Nova Scotia, the law decides who gets your money, property, and belongings. This process is called intestacy, and it follows a strict set of rules that may not match your wishes. Your family may face delays, extra legal costs, and potential disagreements about how your estate is divided.
What is the difference between a will and a trust?
Will
A will is a document that explains what should happen to a person’s money, property, and belongings after they pass away. It only works after the person dies.
Example: Maria writes a will saying her car should go to her brother and her jewellery to her niece when she dies.
Trusts
A trust is a plan where someone (the trustor) puts their money or property into the care of another person (the trustee) to manage for someone else (the beneficiary). A trust can start while the trustor is still alive, or after they pass away.
Example: David sets up a trust, so his savings are managed by a trustee and given to his children when they turn 25.
Difference
The key difference is timing. A will only works after someone dies, while a trust can start right away or after death. Trusts also avoid court processes (probate) and let people control how and when their assets are shared, but they are more expensive and complicated to set up than wills.
How often should I update my will?
You should update your will every three to five years or whenever a major life event happens. Life changes quickly, and your will should always reflect your current situation and wishes.
Can a will be contested?
Yes, sometimes people challenge a will in court. This can happen if they think the person who made the will wasn’t in their right mind, was pressured into it, or if the will doesn’t follow legal rules. Family members might also contest a will if they feel they were unfairly left out. A properly written will, can help prevent these issues.
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