Estates

 

When a person passes away, there is a need to address their estate, including its distribution. The person dealing with the estate must collect the deceased’s assets, satisfy any outstanding debts, and distribute what remains to those entitled, be it in accordance with a will or to the deceased’s heirs-at-law. To get the authority to perform this work, a person often has to obtain what is called a “grant” from the Probate Court of Nova Scotia.

A grant is always required to sell or transfer land held in the name of the deceased person, unless they owned it as a joint tenant. A grant may be required in other circumstances, including when financial institutions hold assets in the name of the deceased, when someone dies without a will or where there is a dispute in relation to a will. The grant is the legal proof that the person named in it is authorized to act on behalf of the deceased’s estate and deal with the deceased’s assets.

There are a series of steps and timelines outlined in the Probate Act that relate to managing the grant process. Our experience includes all aspect of this process, including:

  • Applying for a Grant of Probate or Grant of Administration

  • Preparing Appropriate Documents under the Land Registration Act

  • Issuing Notices of Grant

  • Obtaining Publication of an Estate in the Royal Gazette, Part I

  • Preparing Estate Inventories

  • Requesting Canada Revenue Agency Clearance Certificates

  • Passing Accounts (with or without a hearing)

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