Real Estate
A member of the Real Estate Lawyers Association of Nova Scotia, we offer a full line of services in the area of Real Estate law. These services include representing clients (both individuals and corporations) in completing the following:
- Purchases
- Sales
- Mortgages (Chartered Banks and other lenders)
- Land Registration Act Migrations
- Agreements of Purchase and Sale
- Building Contracts
- Land Subdivision or Consolidation
- Commercial Leases
- Foreclosure
Please feel free to contact us at any point in your real estate related transaction to discuss both how we can be of assistance, and what the anticipated closing costs and related legal fees will be.
Corporate and Commercial
We have had the opportunity to work with businesses, both large and small, and would be happy to assist you in starting your business or help your business continue to prosper by addressing your legal issues. The services we offer include:
- Incorporation of Federal or Nova Scotia Companies
- Organization of Partnerships or Sole Proprietorships
- Preparation of Commercial Agreement
- Asset Sales or Purchases
- Share Sales or Purchases
- Business Financing
- Preparation and Filing of Corporate Resolutions
- Surrender of Certificates of Incorporation
- Agent for corporate registrations in the Province of Nova Scotia
In many cases businesses have a team of professionals assisting in their growth, including accountants, bankers and tax advisors. We would be happy to work with your team, or recommend such professionals to you should you be in need of their advice.
Wills, Powers of Attorney and Personal Care Directives
Making a Will is among the most considerate and responsible acts an individual can undertake. It should not be taken lightly, but it is not normally a daunting or difficult task and it is one we would be pleased to help you with.
A will allows you to decide, among other things, who will be managing your affairs after you are gone, who receives your assets (and at what age do they get to have complete control over those assets), and who will care for any minor children. A properly drafted Will may never need revision, although you will want to review it periodically to be sure.
When having a will prepared, it is often seen as a good time to look at other life planning tools, such as a Power of Attorney and Personal Care Directive.
We would be happy to discuss the various things you should consider before meeting with us to prepare your will or other life planning documents.
Probate & Administration
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 real estate 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)