Covid-19

Click on a topic below to learn more.

As always you can get easy access to legal information on our website, and our Legal Information Line, live chat and email services remain open to help you get the legal information you need.

We are also working to answer questions about the law relating to the COVID-19 situation. We are sharing updates about changes to government programs and court services as we get them. We are working to keep this page current and add content. Please get in touch with us if you know about law updates that are not listed here yet, or if you find content that is not current.

Government

Nova Scotia government

You can find all the COVID-19 measures taken by the Nova Scotia government on the government’s website at novascotia.ca/coronavirus. The site has information about the state of emergency, closure of schools and public places, support for individuals, families and businesses, and other topics. You can also find information about preparing to reopen here: https://novascotia.ca/reopening-nova-scotia/

Canadian government

Nova Scotia municipalities

Many Nova Scotia municipalities have adapted service delivery (e.g. transit) in light of COVID-19 and they have made their own orders (e.g. ordering municipal parks closed, restricting trail use) and may be offering alternative payment options, including deadline extension, for tax bills.

Check with your local municipality for COVID-19 updates:

Work

I don't have paid sick days from my employer. What should I do?

The Nova Scotia Labour Standards Code says you can get up to 3 days of unpaid sick leave.

Some workplaces, such as banks, telecom companies, airlines, and railways, are covered by the Canada Labour Code instead. Under that law, employees can take up to 17 weeks unpaid sick leave.

The federal government announced a new Canada Emergency Response Benefit for workers who have stopped working because of COVID-19.

The Canada Emergency Response Benefit gives a taxable benefit of $500 a week for up to 16 weeks. Get more information about the Canada Emergency Response Benefit here.

I can't go to work because I have to stay home to take care of my kids or other family member. What are my rights?

On March 22 2020, the Nova Scotia government declared a state of emergency. The state of emergency has been extended to May 31 2020 at noon.

Under Nova Scotia's Labour Standards Code employees are entitled to an unpaid emergency leave if they are unable to work because:

a government agency has declared an emergency, or
a medical officer of health has issued a directive or order telling an employee to stay off work, or
the employee needs to take care of their child or other close family member or a person like family who is affected by one of the emergency situations noted above.

Nova Scotia Labour Standards has more information about emergency leave here: https://novascotia.ca/lae/employmentrights/DeclaredEmergencyLeaveFAQ.asp

Your employer does not have to pay you during your time off work. However, on March 25 2020 the federal government announced a new Canada Emergency Response Benefit for workers who have stopped working due to COVID-19. The Canada Emergency Response Benefit gives a taxable benefit of $500 a week for up to 16 weeks. Get more information about the Canada Emergency Response Benefit here.

What if I am not eligible for Employment Insurance?

Information about the Canada Emergency Response Benefit

The Canada Emergency Response Benefit (CERB) provides up to $500 a week for up to 16 weeks for workers who cannot work due to COVID-19. This includes self-employed individuals, contract workers, and seasonal workers (even though they may not have stopped working due to COVID-19).

Not sure if you are eligible for the CERB? Contact the Canada Revenue Agency (CRA) at 1-833-966-2099 or Service Canada at 1-833-699-0299. You can also read these CERB Questions and Answers to find out if you are eligible.

You may be eligible for CERB if you are:

at least 15 years old and a resident of Canada
quarantined or sick with COVID-19
taking care of a family member who is sick with COVID-19
a working parent(s) staying home without pay to take care of children due to school or daycare closures
still employed but have been asked to stay home by your employer because there is not enough work

You must have made at least $5,000 in 2019 or in the previous 12 months before your application. This can include income from employment, self-employment, or EI maternity or parental leave benefits.

You can also get CERB if you are eligible for Employment Insurance regular or sickness benefits (you will get the CERB in place of your EI benefits), or if you have used up your EI benefits before October 3, 2020.

You are not eligible for the CERB if you:

Voluntarily quit your job
Made more than $1,000 for at least 14 consecutive days within the 4-week period of your claim, or more than $1,000 every 4-weeks for each subsequent claim you make

Get more information about the Canada Emergency Response Benefit here.

How do I apply for the CERB?

What documents do I need to apply for CERB?

Can I get CERB if my employer asks me to work again?

Can I apply for CERB if I am self-employed?

Can I get CERB if I haven't been laid off but haven't been working any hours?

Can I get CERB if I was on parental or maternity benefits and now can’t work due to COVID-19?

How do maternity benefits work with the CERB?

If you are pregnant and lost your job before March 15, if you are eligible you should receive regular EI benefits until your child is born. Once your child is born this will change to maternity or parental benefits. If you are pregnant and lost your job after March 15, if you are eligible for EI or CERB you should receive CERB until your child is born. Once your child is born this should change to parental or maternity benefits.

Some pregnant women received EI payments when they should have received CERB payments. Starting May 8, 2020, the government will retroactively make up the difference between the lower amount you received under EI and the $500 per week you should have received through CERB. If you received more than $500 per week through EI, the extra money will not be taken back. You will be given the $500 per week amount going forward.

What if I received CERB but find out later I don’t qualify?

To receive the CERB, you have to promise in your application that you meet the eligibility criteria. Right now the government is not asking for any documents to make sure your information is true. Your application will be reviewed later on to make sure that you did meet the eligibility criteria for the CERB. If the government decides you didn’t qualify, you may have to repay the CERB money. The government has suggested that they may use the tax system to sort out incorrect payments next year.

Do I have to pay taxes on the CERB amount I receive?

Yes, the CERB is a taxable benefit. When you fill out your income tax return next year, you will have to list the CERB money as income. This means you will likely have to pay back part of the CERB money you receive as part of your taxes. This is different than Employment Insurance where tax is generally taken off before you receive the money.

Should I apply for CERB or EI benefits?

The important date to remember is whether you lost your job before or after March 15, 2020. If you lost your job before March 15, you should apply for EI regular benefits. Your application will be treated as a normal EI application.

If you lost your job after March 15 due to reasons other than COVID-19, you should apply for EI regular benefits though your application will be treated as if you applied for CERB.

If you lost your job after March 15 due to COVID-19, you should apply for CERB.

Do not apply for both CERB and EI benefits. If you do apply and receive both, you will have to repay the CERB amount.

If you are applying for other EI special benefits (maternity, parental, caregiving, fishing, and work-sharing), you should apply as normal. Your application will be treated as a normal EI application.

Can I get both EI and the CERB?

What if I normally get more or less through EI benefits than the amount provided by CERB?

Can I apply for EI if I have used all of my CERB funding?

Can I get CERB if I am receiving Income Assistance or CPP?

Nova Scotia Worker Emergency Bridge Fund

The Worker Emergency Bridge Fund is a one-time payment of $1,000 available to Nova Scotians who have been laid off or out of work because of COVID-19, who don’t qualify for EI. It can be combined with the CERB.

You are eligible for this fund if you are:

A Nova Scotia resident
At least 18 years old
Were employed and laid off because of COVID-19 starting March 16, 2020
Were self-employed and lost all income because of COVID 19 starting March 16, 2020
Earned between $5,000 and $34,000
- See Box 15B on your Record of Employment
- If self-employed, see your 2018 or 2019 tax return
Have applied or plan to apply for the CERB

You are not eligible if you are:

Receiving EI benefits
Eligible for EI benefits (see here for EI eligibility criteria)
Receiving Income Assistance
Receiving any income or benefit because you lost your job for reasons other than COVID-19 (for example, sick leave, disability insurance, worker’s compensation)
Are incarcerated in a federal or provincial institution

You can apply by calling 1-800-863-6582 to speak to a Canadian Red Cross agent. You can apply any day of the week from 8am-8pm.

More information about the Nova Scotia Worker Emergency Bridge Fund.

Do I need a doctor's note if I am sick with COVID-19 and off work?

Returning to work and Workplace COVID-19 Prevention Plans

Nova Scotia is starting to reopen and we must work together to make that happen as safely as possible for everyone. It is a team effort to minimize exposure and maximize workplace health and safety.

If your employer has met provincial safety requirements and has asked you to return to work, generally you are expected to return to work. Each workplace is different though, so what might be appropriate in one workplace or for one employee might not work in another workplace or for all employees.

Your employer must:

follow the Health Protection Act Order - check here for updates
follow public health directives
follow occupational health and safety requirements
have a Workplace COVID-19 Prevention Plan
follow business and service restrictions and sector specific plans
have a plan to protect employees and customers
respect human rights legislation, including meeting the duty to accommodate.

Your employer must make their Workplace COVID-19 Prevention Plan available to employees when asked so that employees can review it.

Talk with your employer if you have concerns or questions about the employer’s plan to prevent the spread of COVID-19. For example, you might want to ask your employer about how physical distancing rules will be implemented, increased cleaning around the workplace, whether protective equipment such as masks will be provided, and about how and when employee training around safe practice guidelines will happen.

The Nova Scotia government has guidance for employers and employees on how to keep the workplace safe, including information about:

Last updated May 21 2020

Housing

I've lost income due to COVID-19. Can I be evicted if I can't pay my rent?

The Nova Scotia government has said the following:

There will be no rental evictions due to rental arrears for three months for people whose income has been affected by COVID-19.

During this time all tenants are expected to pay their rent. If a tenant has had their income affected by COVID-19, we encourage landlords and tenants to discuss circumstances to see if an arrangement can be worked out. This change will give tenants time to benefit from recently announced federal and provincial financial aid.

If an arrangement cannot be made, landlords may file for non-payment of rent once the Access Centres counter services reopen. If the tenant or landlord identifies that the tenant’s income has been affected by the COVID-19 pandemic, the hearing will not be scheduled until after June 22, 2020 (three months from the provincial government’s announcement).

At the hearing, the tenant will be asked to provide proof that their income has been affected by the COVID-19 pandemic. When the hearing is held and if the eviction is granted, the order will reflect all outstanding rent owing.

At the hearing, the tenant will be asked to provide proof that their income has been affected by the COVID-19 pandemic. When the hearing is held and if the eviction is granted, the order will reflect all outstanding rent owing.

Residential Tenancies information for showing units in a multi-unit building

Nova Scotia Residential Tenancies hearing updates

Nova Scotia Residential Tenancies gave the following updates on March 27 2020:

In-person service

Process for Emergency Hearings

We understand that some new hearings must continue. During this time, we will make provisions for hearings that are deemed to be an emergency.

The following situations will be assessed for emergency hearings consideration:

Tenants applications regarding:

Discontinuation of water, heat, electricity or any other essential service
Other situations affecting the standards of health and safety

Landlord applications regarding:

Tenant behaviour/actions that affects the safety of other tenants, landlords and/or landlord employees or landlord property

We will also be accepting applications where the one-year time frame of when the tenancy ended is within one month. These applications will be accepted to enable landlords and tenants to meet the one-year application cut-off in the Residential Tenancies Act. These applications will be accepted and scheduled at a later time.

If you feel your situation meets one of the criteria above, please call 1-800-670-4357, whereby someone will assist you with your application.

Process for hearings already scheduled

Scheduled hearings will continue to be held over the telephone. Although we have added telephone conference lines and continue to identify ways to improve, there have been issues with the toll-free telephone lines not working. Our Residential Tenancy Officers have the capacity to call parties directly to link into the hearing. We are encouraging all parties having issue connecting to the toll-free number to send an email or leave a voicemail on their assigned Residential Tenancy Officer’s direct telephone line and the officer will assist them in connecting to the call. In situations where both parties are not present the hearing will be postponed.

We encourage you to keep informed of the contingency planning processes in place for other organizations involved in the execution of a Directors Order such as the Small Claims Court and Sheriff’s department.

Articles of interest to landlords and tenants

Further information:

Nova Scotia Residential Tenancies
Nova Scotia Legal Aid
Dalhousie Legal Aid Tenant Rights Guides
Investment Property Owners Assocation of Nova Scotia

Money

Nova Scotia Power

Income assistance

Mortgage payments

Many banks, and credit unions, including Credit Union Atlantic, have said they will offer special measures for clients on a case-by-case basis for their mortgage payments. This includes deferred payments. Interest may still build up on the balance though, so ask about that. Since every situation differs, it is best to get in touch with your bank or credit union directly.

If you've lost income because of COVID-19 and can't afford to pay your mortgage, you may be able to defer (postpone) payments. The first step is to contact your lender to find out what your options are. Check your lender's website too as it will have the most up-to-date information. Remember that deferring your mortgage payments now still means you’ll have to pay both the principal and the interest later. It may be a short-term emergency option, but make sure you understand what a mortgage deferral means and that you also take steps now to make a financial plan for the future. Here are some resources that may help:

Government of Canada's COVID-19 Economic Response Plan
Canadian Bankers Association Mortgage deferral
Canada Mortgage and Housing Corporation Dealing with mortgage payment difficulties
Canada Mortgage and Housing Corporation: Understanding Mortgage Payment Deferral

Managing financial health in challenging times

Income tax

The Government of Canada announced flexibility measures for taxpayers. This means the due date for filing individual tax returns has been extended to June 1, 2020, and you can pay any balance owing to the Canada Revenue Agency, without penalty, by September 1, 2020. Filing deadlines for businesses and charities have also been extended. You can get more information from the Canada Revenue Agency here.

It is still a good idea to file your taxes as early as you can if you expect a refund or want to make sure child benefits or other credits get properly calculated and applied.

Changes in RRIF minimum withdrawals

The Government of Canada’s Covid-19 Economic Response Plan included a temporary reduction (2020 only) in the minimum Registered Retirement Income Fund (RRIF) withdrawal amounts. If you are a retiree withdrawing the minimum from your RRIF or Defined Contribution Pension Plan and would prefer to withdraw less this year due to the significant decline in the stock market, these measures may provide some relief.

The following questions and answers are provided to help financial institutions, RRIF annuitants, as well as sponsors and members of defined contribution registered pension plans and pooled registered pension plans, understand the changes: CRA and COVID-19 - RRIFs

Canada Child Benefit

Special GST/HST credit payment

Government of Canada financial support for individuals and businesses

Financial help for students

Am I eligible for the Canada Emergency Student Benefit?

Not sure if you qualify for the Canada Emergency Student Benefit? Contact the Canada Revenue Agency at 1-833-966-2099

The Canada Emergency Student Benefit (CESB) helps students and recent graduates who are not eligible for the CERB or EI, and who cannot work, cannot find work, or who are making less than $1,000 a month because of COVID-19.

The benefit gives $1,250 every 4 weeks for eligible students, or $2,000 for eligible students who have a disability, or who have children or someone with a disability who depends on them.

The benefit is available for up to 16 weeks, from May to August 2020.

You are eligible for the CESB if all of the following apply to you:

You did not apply, receive, or qualify for CERB or EI benefits for the same period of time
You are a Canadian citizen, permanent resident, registered as an Indian under the Indian Act, or protected person
You are studying in Canada or abroad
You are enrolled in a post-secondary program (minimum 12 weeks in length) that will lead to a degree, diploma, or certificate
You completed or ended your post-secondary program in December 2019 or later
You finished or expect to finish high school/GED equivalent in 2020 and have applied for a post-secondary program that starts before February 1, 2021

And,

You can’t work because of COVID-19
You are looking, but can’t find work due to COVID-19
You are working but your income is $1,000 or less (before taxes) during the 4-week period you are applying for

You can apply through the Canada Revenue Agency starting May 15, 2020. There are specific days for you to apply depending on your situation. Complete the survey here to find out which day you should apply. You must apply before September 30, 2020.

The CRA is not checking to make sure you qualify before giving you the money. This means that you could get the money even if you don’t qualify. If that happens, they’ll make you pay back the money.

It may take months before the CRA can check everyone's eligibility. So make sure that you qualify before applying.

The CESB is a taxable benefit. You will have to record the amount you receive on next year's income tax return. You will receive a T4A tax slip for the amount you receive through the CESB.

See here for other government initiatives to help students during COVID-19.

What if I cannot pay my student loan right now?

Nova Scotia Securities Commission COVID19 Information for Investors

COVID-19 Fraud alerts, articles and tips

COVID-19 Scams, Frauds and Misleading claims - Information from the Government of Canada
COVID-19 Fraud awareness video for investors
RCMP COVID-19 Fraud and cyber-crime prevention video
Canadian Anti-Fraud Centre
Better Business Bureau consumer tips and information about COVID-19 related scams: https://www.bbb.org/council/coronavirus/
CBC news "Canadians have lost more than $1.2 million to COVID-19 scams" - May 1 2020

COVID-19 Travel Refunds

Last updated May 21 2020

Courts and Legal Aid

Courts, court appearances

Nova Scotia courts are only dealing with urgent or essential matters.

If you are due in court and you have travelled recently or are experiencing symptoms you should contact your lawyer (if you have one) or contact the court right away to get instructions from the presiding judge.

Here is contact information for all Nova Scotia courts: www.courts.ns.ca

Do not go to a courthouse if you:

have travelled outside Canada in the past 14 days, or
are experiencing symptoms of the coronavirus, or
have been directed by public health officials, 811, or your doctor to self-isolate.

You can get more detailed information about what is happening at all Nova Scotia courts here: courts.ns.ca

Some key court updates:

Electronic filing of court documents: Effective March 26, 2020, and unless a judge says otherwise, the Supreme Court, including the Family Division, will no longer accept hard copies of documents at courthouses, due to the risk of the COVID-19 virus. Instead, counsel and self-represented individuals should email or fax those documents that need to be filed in relation to urgent and essential matters.

Here is a list of Email and Fax numbers for Nova Scotia courts.

What's an urgent family law issue during COVID-19? The Supreme Court Family Division has the following guidelines to help parents, families and lawyers understand what's likely to be considered urgent. Read the guidelines here.
Tickets and ticket fines: Nova Scotians will have more time to pay their fines & no one will be automatically convicted for not dealing with outstanding summary offence tickets during the COVID-19 crisis. Details here.

Nova Scotia Legal Aid

Go to nslegalaid.ca for information about services currently available through Nova Scotia Legal Aid (NSLA). Here is a May 5 2020 NSLA services update.

In an effort to reduce the need for Nova Scotians to go to courthouses, Nova Scotia Legal Aid will help any unrepresented people who need urgent changes to their Undertaking or Recognizance. Find out more here

NSLA has expanded its online family law chat service. NSLA has also expanded its family summary advice services by making it available by phone at all NSLA Offices that provide family law services. Details here.

Dalhousie Legal Aid

Dalhousie Legal Aid put out the following notice on March 18 2020:

Please be advised that Dalhousie Legal Aid Service will be temporarily suspending many of our services due to the COVID-19 virus. We are implementing protocols that will see our physical office closed until April 6, 2020 or until further notice. Your matters are important to us, so our staff will be working off site to continue to represent individual and community-based clients. Please note your court matters may be delayed or adjourned but a staff member will contact you about making alternate arrangements. Other court matters are proceeding through teleconferencing. You may get direction from the court or DLAS staff member on how the matter will proceed.

Our Telelinks line, as well as outreach clinics will be suspended during this time. Our staff will be working off-site and can contact you via email to address your matters and concerns. If you have an urgent matter, please leave a voice message on our general line at 902-423-8105 and we will follow up as we are able.

We thank you in advance for your cooperation and understanding as we work with one another to address this public health issue. Remember we are all in this together!

Family

Family Law Information During the COVID-19 Pandemic: Frequently Asked Questions about Court, Parenting Arrangements and Child Support
Getting Family Law Legal Advice:

Nova Scotia Legal Aid has expanded its family summary advice services by making it available by phone at all NSLA Offices that provide family law services. Nova Scotia Legal Aid has expanded its online family law chat service. Details here: https://www.nslegalaid.ca/expansion-of-family-law-summary-advice-and-online-chats/

Go here for ways to find a lawyer in private practice.

Nova Scotia family courts are only dealing with urgent matters.

What's an urgent family law issue during COVID-19? The Supreme Court Family Division has the following guidelines to help parents, families and lawyers understand what's likely to be considered urgent. Read the guidelines here.

Electronic filing of court documents: Effective March 26, 2020, and unless a judge says otherwise, the Supreme Court, including the Family Division, will no longer accept hard copies of documents at courthouses, due to the risk of the COVID-19 virus. Instead, counsel and self-represented individuals should email or fax those documents that need to be filed in relation to urgent and essential matters.

Here is a list of Email and Fax numbers for Nova Scotia courts.

Family violence

If you are experiencing abuse at home, supports are still available during the pandemic to keep you and your children safe. Help is available. Please reach out. Do not feel that you must stay at home if it is not safe. Here is more information about Nova Scotia's Family Violence laws and resources.

If you have an emergency call 9-1-1.

Transition houses throughout Nova Scotia are providing shelter with government support, while still following public health advice. Contact the shelter nearest you or call 1-855-225-0220 toll free, day or night.

You can also contact 211 Nova Scotia - dial 2-1-1 or text 21167. They can help you find services in your community any time of day or night and any day of the year. They can help you in French or English. They can also help you through an interpreter in many languages.

2-1-1 can help you find:

a safe place away from an abuser
information or advice about the law
victim services to help when you need it.

Peace Bonds:

Here is information about applying for a peace bond ('no contact order') during the pandemic:

Get help from Nova Scotia Legal Aid to apply for a peace bond
The Provincial Court has adopted a virtual peace bond process. Go here to learn about how it works, and the application form with signature or without signature
Here is legal information about peace bonds

Last updated May 6 2020

Human Rights

Nova Scotia Human Rights Commission

The NS Human Rights Commission (NSHRC) has issued a policy statement about COVID-19, emphasizing the importance of respecting the human rights principles under the Nova Scotia Human Rights Act (Act), the Canadian Charter of Rights and Freedoms (Charter) and all Public Health direction at the centre of decision-making during the coronavirus (COVID-19) pandemic.

The statement reads in part:

Discrimination including harassment against any persons or communities related to COVID-19 is prohibited when it involves a ground under the Act, in the areas of services, housing, employment, vocational associations and contracts.

The Act protects against discrimination based on 18 grounds, whether perceived or otherwise, including disability, ethnic origin, place of origin and race. The NSHRC’s position is that the Act’s ground of disability is engaged in relation to COVID-19, as it covers medical conditions or perceived medical conditions that carry significant social stigma. Depending on the situation other grounds may also apply.

Read the full NSHRC policy statement here.

The NSHRC is not accepting walk-in clients or appointments right now, but they are still open and you can contact them if you have human rights questions or a complaint.

Canadian Human Rights Commission

The Canadian Human Rights Commission (CHRC) is open and responding to questions and complaints. It has issued a COVID-19 statement that focuses on the importance of respecting human rights and protecting those who are most vulnerable in our society during this difficult time. Read the statement here.

The best way to make a complaint to the CHRC right now is through their online form.

Wills, Personal Directives

Making a will

A will is a legal document that lets you say what you want done with your estate after you die. Your estate is your house, land, and personal things like jewellery and artwork. A will also lets you name an executor, who is the person you name in your will to carry out your final wishes. A will has no legal effect until you die. A person who makes a will is called a testator.

Why make a will?

Making a will should give you peace of mind. A will makes it easier for family or friends to handle your affairs when you die.

There are many good reasons to make a will. A will lets you:

deal with your important things the way you want to,  
give some or all of your estate to your common law partner. Without a  will only married spouses and registered domestic partners inherit,  
give something to a friend, a charity, stepchild, a relative through marriage, or to someone else you care about. Without a will only married spouses, registered domestic partners, blood relatives or  legally adopted persons inherit,  
name someone who will carry out your wishes,  
name someone to care for children or others who depend on you,  
make sure your pets or other animals will be cared for,  
save money and time by stating your wishes,  
save taxes,  
arrange how a business you own will be handled,
help your family and friends handle your affairs after you die,
lessen stress for your family and friends,
lessen confusion about your wishes, and 
prevent possible disputes over your possessions.

Ways to make a will

Here is general information about wills, and our wills app, to help you gather the information you need to make a will, or to have a lawyer do your will.

Hire a lawyer to do your will. Lawyers usually charge a flat fee for doing a will and other estate planning documents. The cost will vary depending on how complicated your estate is. Talk to the lawyer about what you need, and they will tell you the cost. Here are some ways to find a lawyer, and ways a lawyer can help with a will. You will also need to talk with the lawyer about how the signing of the will can be witnessed given the rules about physical distancing, including whether that might be done remotely.
Do a holograph will. This is a handwritten will that is signed by you. A holograph will must be entirely in your own handwriting. Do not type anything on it. Do not let anyone else write on it. You do not need witnesses.

Basic things to include:

- your full legal name
- a statement that this is your will and that you are revoking any prior will
- who you name as your executor
- your wishes - who you want to get your estate
- the date
- your signature

3. Use a will kit. Use a kit that is valid in Nova Scotia.

Make sure that you sign your will at the end. You must sign it in front of two witnesses who must be present at the same time (this is different from a holograph will). If you cannot sign the will, you can ask someone to sign it for you in front of you and you must tell the two witnesses that the will is yours. Your two witnesses must also sign the will in front of you and in front of each other. The witnesses must be at least 19 years old. They must not be people who benefit from the will or be married to someone who benefits. The witnesses do not need to know what your will says.
When you are signing your will, you should put your initials on each page and number the pages so that pages cannot be replaced or removed from the will.
You should put the date on your will.
You should also arrange for one of the witnesses to swear an affidavit of execution. The Affidavit may be done as soon as the will has been signed and witnessed (and might be done remotely through a lawyer), or later when public health rules have changed to make it easier.

People often make mistakes when they do their own will. Mistakes can cause problems later for beneficiaries and can be expensive for the estate. If you decide to do a holograph will or use a do-it-yourself will kit, it is a good idea to make a formal will later with a lawyer when the public health rules have been changed to make it easier to do that.

What happens if I die without a will?

Nova Scotia has a law called the Intestate Succession Act. This law says what happens if a person dies without a will. Intestate means a person who dies without a will.

If you die without a will, or you have a will but it is not legally valid, your property is distributed to the people considered to be your nearest relatives as listed in the Intestate Succession Act. The rules are not flexible. The distribution may be different from what you would want.

The basic rules are:

If you are survived by your spouse and had no children all your property goes to your spouse
If you are survived by your spouse and you had one child, the first $50,000 goes to your spouse. The rest is equally divided between your spouse and child.
If you are survived by your spouse and more than one child, the first $50,000 goes to your spouse. One-third of the rest would go to your spouse, and two-thirds of the rest to your children.
If you are survived by your children, but no spouse, your whole estate would go to your children.
If you had no spouse or children, your whole estate would go to your nearest relatives by blood or adoption, by order of priority as listed in the Intestate Succession Act. Relatives by marriage are not included.
The government would inherit if you have no surviving relatives.

A surviving spouse will always get up to $50,000 from the estate. If your surviving spouse is not a joint owner of the family home, they may choose to take the home and household contents instead, or as part of, the $50,000.

It is especially important to make a will if you want your common law partner, stepchildren, or grandchildren to inherit something from your estate when you die.

Here’s why:

If you die without a will, only your surviving married spouse or registered domestic partner can inherit. Common law partners are not included. Your common law partner will not automatically inherit your property or money. Your common law partner may have to go to court to make a claim on your estate.
If you die without a will, only your biological and adopted children can inherit. Stepchildren are not included.
If you die without a will, your grandchildren will only inherit from your estate if their parent (your child) died before you.

If you and your spouse die at the same time or if you are a single parent when you die, someone will have to look after people who depend on you (a child, grandchild, or person with a disability). If you die without a will, or if you do not name someone in your will to look after your children or grandchildren, the court will have to appoint someone to do this. That person will be called your children’s guardian. A person must apply to court to be appointed. And the person the court appoints might not be someone you would have chosen.

If the court appoints a guardian to look after your children, it will also often state the terms of the guardianship. Those terms might not be what you would have chosen.

If you die without a will, there will be extra steps in the process of settling your estate, which can mean additional costs and delays. This may add to your family’s pain and distress. It will also mean that there will be less left to distribute.

Family members may disagree and argue about how you intended to distribute your property.

Someone will have offer to look after your estate. The person must apply and be appointed by a court as an administrator. That person may not be someone you would have chosen.

The intestate law also applies if you do not deal with all your property in your will. In this case you are said to die partially intestate. The part of your estate not covered in your will is distributed according to the Intestate Succession Act.

Making a Personal Directive for Health Care decisions

A personal directive is one of the greatest gifts you can give yourself and those who care about you. You must make your personal directive while you can still make decisions for yourself. You might not be able to make health care decisions for yourself at some time in the future. A personal directive can help to make sure that you get the care you want. It can help the people who care about you by letting them know what kinds of care you want.

You can use our Personal Directive App and Reflection Guide to make your Nova Scotia personal directive.

Updated April 20, 2020

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