|
DIAL-A-LAW
Dial-A-Law is a free program offering general legal information on a wide variety of topics using brief tape-recorded messages in everyday language.
Dial - A - Law
Suite 526
1657 Barrington St.
Halifax, N.S.
B3J 2A1
Phone: 1-902-420-9000
1-902-423-1666 (TTD)
NOVA SCOTIA LEGAL AID
The office may provide legal representation for criminal and/or family law matters to those on social assistance or an equivalent financial supporter. An application must be filled out.
Call 1-888-817-0116 or check the Blue pages of the phonebook under Government of Nova Scotia for an office in your area.
LEGAL CONSIDERATIONS: ESTATES
Do I need to apply for a Grant of Probate (where there is a will) or a Grant of Letters of Administration (where there is no will)?
This will depend on the wording of the will, the types of assets involved and the types of beneficiaries. You should speak with a legal representative to determine this question. Generally, if the sole assets of the estate are joint bank accounts and household and personal effects, then Probate or Administration is not required. If there are infant beneficiaries, a will sets up ongoing trusts for children, if there is real property or if securities, stocks or business asset transfers are involved, Probate or Administration will most likely be required.
Why is it necessary?
Some institutions will only release assets to a Court-appointed executor or administrator. In some situations, Letters of Probate or Administration are required to legally effect transfer of real property. They are the primary recognisable proof of the executor's or an administrator's legal authority to deal with estate property. The procedures protect the legal heirs, the custodians of assets and the executors and administrators.
What is involved?
There are numerous documents and procedural steps required in estate administration, including obtaining a Grant of Letters of Probate or Administration from the Probate Court. An Executor or Administrator must prepare an inventory, complete estate tax returns, obtain clearance certificates, secure and realise estate assets and properly distribute assets according to the law or will. There are numerous legal duties and responsibilities placed on executors and administrators. Your Legal Representative can assist you in the process of applying for Grants of Probate or Letters of Administration and in the administration of the Estate.
Things to consider:
1) You will need the original copy of Last Will and Testament and any codicil, as well as copies of birth, marriage and death certificates;
2) You will need a detailed list of all assets including:
a) real property (copies of deeds);
b) any business interests (details of ownership, documents);
c) investments, RRSP's, stocks and bonds (copies of documents);
d) bank accounts (location and pass books);
e) life insurance policies (copies of all policies);
f) information on any annuities payable to the estate;
g) safety deposit box (and key);
h) details of assets in other Provinces or in foreign jurisdictions;
i) motor vehicles (ownership papers and insurance particulars);
j) Household and personal articles (including jewellery, cash, antiques etc.)
k) Any other type of asset;
3) You will need information available on any and all liabilities and debts (i.e. outstanding loans, mortgages etc.);
4) The Funeral Director can assist in applying for CPP and other death benefits available;
5) As an executor or administrator, you will likely have to open an estate bank account (your bank can assist you with the requirements for this);
6) If you are an executor or administrator, you will have a duty and responsibility to investigate and determine estate assets, to secure and protect assets, dispose of perishables, arrange for adequate insurance coverage on assets and many other matters, including realisation (sale) of assets and distribution of proceeds;
7) You should also give consideration to updating your own will.
HEALTH INSURANCE PLANS - HEALTH CARDS
The main office of the MSI in your municipality must be notified of the death in writing, by submitting a Funeral Director's Proof of Death Certificate. The Health card is to be returned with the Proof of Death Certificate, and then the deceased's number will be cancelled. You may contact your local MSI office or the MSI Head Office for further information.
MSI Head Office
Box 500
Halifax, NS B3J 2S1
Phone: 1-800-563-8880
| 
