New rules for Nova Scotia wills

LEGAL NEWS

Nova Scotia’s Wills Act changed on 19 August 2008. Significant changes to the law make a holograph will valid in Nova Scotia and outline how divorce affects a will.

A holograph will is a handwritten will, signed by the person making the will (testator), but not witnessed. They are now valid in Nova Scotia. In addition, divorce now revokes parts of a will that involve a gift to or provide a benefit to a former spouse or appoint him or her as executor.  There are exceptions. For example, the will, a separation agreement or marriage contract may specifically say that the terms are not affected by a divorce.  Before this change, divorce did not affect a will.

Other changes to the Wills Act provide that:

• You cannot challenge an executor’s appointment just because he or she also witnessed the will;
• A court may uphold a will that does not meet all the formal requirements, as long as the court finds that the will clearly shows the testator’s intentions;  
• As before, military personnel are allowed to make a will without having to meet ordinary requirements, but the changes make it clearer that this applies to those in ‘active military service’ during peace time, at war, or in preparation for war;
• A will made outside Nova Scotia is valid and may be admitted to probate here if it met certain legal requirements when it was made. This change means that both land (real property) and personal property may now be transferred according to the terms of a valid will made outside Nova Scotia. Previously this did not apply to land.   If you have a will from outside Nova Scotia and you are not sure whether it would apply here you should see a lawyer.

Click here to read the wording of the changes online.

The information in this article is not meant to replace legal advice from a lawyer.   It is wise for you to see a lawyer if you are making a will.