Wills Preparation App - Legal Information Society of Nova Scotia

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My Legal Will

Children

In most cases you are free to deal with your property as you wish. However, Nova Scotia laws place some limits on how you may distribute your property in your will. If you have children, the law expects you to give them a fair share of your estate.

The law tries to make sure your dependents have money and support whenever possible. Under a law called the Testators’ Family Maintenance Act, your children of any age, including legally adopted children, are considered dependents. A surviving married spouse or registered domestic partner are also dependents. Common law spouses, divorced spouses, and step-children who have not been adopted are not dependents under this law. If you leave a dependent out of your will, or leave them less than expected, they can go to court to make a claim against your estate.

Consult a lawyer if you want to leave a dependent out of your will, or want to leave them less than expected.

Pick one of the following(*)

I have children.

I do not have children.

PLEASE COMPLETE REQUIRED FIELD!

Write each child’s full legal name and their current age, even if they are adults.
Put each child’s information on a separate line.
Include biological children and children you have legally adopted. You may list stepchildren if you wish.

List stepchildren (if any) here that you have not adopted if you want to include them in your will in the same way as your biological or adopted children.

Example: Vanessa Nguyen – age 24
Example: Jason Robert Downie – age 15(*)

PLEASE COMPLETE REQUIRED FIELD!

Guardian

If you have children younger than 19 years old you should name a legal guardian who you want to care for them if you become unable to care for them for any reason while you are alive, or you die. It is important to name a guardian to make sure your children have continuous care with people they know and who you trust.

After you make your will, see a lawyer to make your Child Guardian Appointment. Or, use the free, basic Child Guardian Appointment form on the Legal Information Society's website to name a guardian(s) for your minor child or children.

Primary Executor

Your executor carries out your wishes as set out in your will when you die. They must make sure they know what all your assets and debts are, pay your debts out of your assets, and then distribute what is left in your estate based on your instructions in your will. The instructions in your will are often divided into:

Specific gifts, where you list items or cash amounts to go to specific people; and
Residue, which means saying what you want done with all of your assets that are left after debts, expenses, and taxes are paid and specific gifts have been given out.

Your executor:

must be 19 years of age or older
must be mentally competent
should live in Canada to avoid tax issues, and ideally in Nova Scotia; and
can also be a beneficiary.

Your assets are anything worth money. For example:

your house or condo
any other land you own
bank accounts
investment accounts and GICs
valuable jewelry
valuable artwork
other household and personal items
your car.

Pets are also assets, as the law thinks of animals as personal property.

After you die, your assets together are called your estate.

The executor’s job includes paying off your debts with money from the estate, and giving your assets to your beneficiaries following your wishes as set out in your will. Your executor may also have to do paperwork for Probate Court.

An executor is also sometimes called a trustee. This is because they have legal title to your assets after you die, while they are managing your estate, until they distribute everything to the beneficiaries you name in your will. The executor must also file your final tax returns, and the Income Tax Act calls your executor a trustee. And, if you leave property to anyone who can’t manage their own finances (like minor children), the executor may manage the property for that beneficiary as trustee for them too.

See a lawyer if you want someone other than your executor to take care of a gift you’ve made to a child under 19 in your will, as this app does not allow you to name someone other than your executor to do that.

Being an executor can be a big job, so choose someone who is organized and who knows when they need to get professional advice. Talk with the person you want to be your executor before you name them in your will. Ask if they are willing to do this for you. Just because an executor is named in your will does not mean that they are required to act on your behalf.

Your executor must follow the instructions in your will as closely as possible. However, they will not be able to follow instructions that are illegal, impossible, or would harm someone. Some types of court orders and contracts may also affect whether your instructions can be followed.

If you don’t have someone suitable to be your executor, you may be able to name a trust company, a professional advisor (for example: lawyer, accountant, sometimes an investment advisor), or the Nova Scotia Public Trustee. You should talk with them first; they do not have to accept this role and some professional advisors cannot or simply won't.

Any executor you name may charge your estate to do the work.

Your first named executor (or co-executors) is your “primary executor”. In most cases it is best to name only one primary executor. Sometimes people want to name two or more primary executors. When two or more people act together, they are called co-executors.

This app allows you to name either:

one primary executor, or
two primary co-executors who would act together.

After you name your first-choice for executor or co-executors, you will have the option of naming a back-up executor, if you wish. The back-up is called an “alternate executor.” It is a good idea to name an alternate executor too, if you can.

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Pick one of the following(*)

I would like to add a co-executor.

I have named my only primary executor.

PLEASE COMPLETE REQUIRED FIELD!

Before naming co-executors to act together, consider whether your executors will work well together, and whether they will both be in the same geographic area when they have to deal with your estate. Co-executors must make decisions together. They must agree on all decisions.

The app only allows you to name up to two co-executors. See a lawyer if you want to name more than two co-executors; you should also seriously consider seeing a lawyer when you want to name more than one because of the possibility of co-executor disagreements tying up your estate and the consequences of that.

If you do name co-executors, the app includes a way for the co-executors to try to resolve any disputes: they will have to flip a coin to decide what to do. But if they still disagree, they may need to go to court to settle their disagreement. This can lead to extra costs and delays, including stalling the administration of your estate until the disagreement is resolved.

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Alternate Executor

You have the option of naming a back-up executor. It is always a good idea to name a back-up executor, if you can. Your first named executor (or co-executors) is your “primary” executor. The back-up executor is called an "alternate executor". Just because the primary executor is named in your will does not mean that they must take on the job or will always be able to do so. The alternate executor steps in when the primary executor will not or cannot act because:

they change their mind about taking on the role
they become incompetent to make decisions
they die.

It is best to name a back-up executor to be sure that your estate will be handled by someone you know well and trust if your primary executor(s) cannot or will not act.

If you have no alternate executor and your first choice is unable or unwilling to manage your estate, your beneficiaries will need to ask the court to name someone else. This can lead to extra costs and delay.

An alternate executor can also be a beneficiary.

The law allows you to name more than one person to act as your alternate executors at the same time as co-executors. However, this app only allows you to name one alternate executor to help avoid disagreements.

If you want to name two or more alternate executors to act together or if you want to name another alternate to back up your primary alternate, you should talk to a lawyer.

If all of your chosen executors, including your alternate, die or become incompetent or change their minds about taking on the role, you must make a new will to pick new executors. But if you die before you do that, your beneficiaries will need to ask the court to name someone else to administer your estate based on your will.

Pick one of the following(*)

I want to name an alternate executor.

I do not want to name an alternate executor.

PLEASE COMPLETE REQUIRED FIELD!

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Specific Gifts

If you want to give your beneficiaries specific gifts, such as an amount of money or a special item, you can do this in your will. Beneficiaries are anyone who receives a gift in your will. This app allows you to list up to 10 specific gifts for beneficiaries. The beneficiaries may be 10 different people, or you can give certain people multiple items.

There are three main ways to give specific gifts after you die:

You can list the gifts right in your will. This is legally binding. However, if you later want to make a change to your list you will have to make a new will.
You can give your executor a letter with your instructions. The letter must be dated and signed by you. This way, you can change your mind more easily because the letter isn't part of the will. It’s simply an expression of your wishes. You can also tell your executor your wishes for these gifts. The letter is not legally binding and you are trusting your executor to follow your wishes. If they don't, there are no consequences to the executor and the intended beneficiary has no recourse.

If you leave your executor a letter with instructions about specific gifts, store the instructions with your will so your executor can find them.
You can also do both: You can list your most valuable items (the app lets you list up to 10) in the will and the less valuable items in a letter for your executor.

How many specific gifts?
It is optional to list specific gifts in your will. Leave the slider on zero (0) if you do not want to list any specific gifts. Use the slider to select the number of specific gifts you want to make. You can list up to 10.

PLEASE COMPLETE REQUIRED FIELD!

For each specific gift you want to make, fill in a brief description of the item you want the beneficiary to get, the beneficiary's relationship to you, and their full legal name.
For example:
"I give my gold wedding ring to my friend Eric Ng."
"I give my piano to my sister Kate Spinner."

See a lawyer if you want to make different arrangements about specific gifts in your will.

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Your Pets

The law says that pets and other animals are personal property. This means that you can give your pets to someone in your will. You can also leave that person a gift of money to thank them or to help with the expenses of taking care of your pet. Your executor does not need to check how the new pet owner uses that money.

Do you have pets?(*)

Yes

PLEASE COMPLETE REQUIRED FIELD!

For each pet fill in the type of animal and the pet’s name.
Put each pet's information on a separate line.
For the type of animal include enough detail to make it clear which pet you are describing.
Example: Max - Beagle Dog
Example: Sparky - Ginger Cat(*)

PLEASE COMPLETE REQUIRED FIELD!

If you want to name someone to care for your pets when you die, talk with the person before you name them in your will.

The person you name in your will may not be able to take care of your pet when you die. If this happens, or if you decide not to name a specific person to care for your pets, the will created by this app says that your executor must give your pets to someone who will provide your pets with a loving and healthy home, such as your family members or friends.

To make different arrangements for your pets, you need to talk to a lawyer.

Do you want to name someone to look after your pets?(*)

Yes

PLEASE COMPLETE REQUIRED FIELD!

If you do not name a specific person to care for your pets, the will created by this app is going to say that your executor must give your pets to someone who will provide your pets with a loving and healthy home, such as your family members or friends.

Enter the name of the person you want to look after your pets:(*)

PLEASE COMPLETE REQUIRED FIELD!

Do you want to leave the caregiver any money to take care of your pets?(*)

Yes

PLEASE COMPLETE REQUIRED FIELD!

Enter how much money you want to leave the caregiver to take care of your pets:(*)

REQUIRED! YOU MUST ENTER A NUMBER.

The Rest of Your Estate

The rest of your estate is called the ‘residue’. Residue is all of your assets that are left after debts, taxes and expenses have been paid and specific gifts have been given out.

This part of your will says what you want your executor to do with the rest of your estate. For example, a person's will might say “I direct my trustee to give the rest of my estate to my spouse", and then say what should happen if their spouse dies before them or at same time.

What will happen to the rest of your estate?

Your spouse will get the rest of your estate. Your "spouse" means the person you are married to, or who is your registered domestic partner or common law spouse, and who you named under Marital Status above.

If your spouse dies before you or you die at the same time, your child or children will get the rest of your estate in equal shares as "back-up" beneficiaries. "Child or Children" means any adult or minor child you named under Children.

If your child or children die before you, their share will go to their children (your grandchild or grandchildren). If the child who died had no children, their share would go to your surviving children in equal shares.

IMPORTANT: If your spouse, children, and grandchildren all die before you, make a new will. If you do not the rest of your estate will be treated like you have no Will, and will be distributed following the rules in the Intestate Succession Act. It will make things more complicated for your executor and beneficiaries, and will mean delays and extra costs. It might also mean your estate will not be distributed the way you want.

What will happen to the rest of your estate?

Write below who you want to get the rest of your estate if your spouse dies before you or at the same time.

If my spouse dies before me or at the same time, I want to give the rest of my estate to the following person or people in the following proportions:

What will happen to the rest of your estate?

The person you plan to marry will get the rest of your estate. "Person you plan to marry" means the person you are engaged to marry and who you named under Marital Status above.

If the person you plan to marry dies before you or you die at the same time, your child or
children will get the rest of your estate in equal shares as "back-up" beneficiaries. "Child or Children" means any adult or minor child you named under Children.

IMPORTANT: If the person you plan to marry, and your children and grandchildren die before you, make a new will. If you do not the rest of your estate will be treated like you have no Will, and will be distributed following the rules in the Intestate Succession Act. It will make things more complicated for your executor and beneficiaries, and will mean delays and extra costs. It might also mean your estate will not be distributed the way you want.

What will happen to the rest of your estate?

The person you plan to marry will get the rest of your estate. ‘Person you plan to marry’ is the person you named under Marital Status.

Write below who you want to get the rest of your estate if the person you plan to marry dies before you or at the same time.

If the person I plan to marry dies before me or at the same time, I want to give the rest of my estate to the following person or people in the following proportions:

What will happen to the rest of your estate?

Your child or children will get the rest of your estate in equal shares. "Child or Children" means any adult or minor child you named under Children.

IMPORTANT: If all your children die before you, make a new will. If you do not the rest of your estate will be treated like you have no Will, and will be distributed following the rules in the Intestate Succession Act. It will make things more complicated for your executor and beneficiaries, and will mean delays and extra costs. It might also mean your estate will not be distributed the way you want.

What should happen to the rest of your estate?

How many people do you want to leave the rest of your estate to? Use the slider to select the number of people. You can divide your estate amongst up to 10 people. See a lawyer if you want to divide your estate into more than 10 parts.(*)

PLEASE COMPLETE REQUIRED FIELD!

Say what part of your estate each person will get. Write each person’s relationship to you, their full legal name, and where they live. The percentages must add up to exactly 100%.

Note that if you divide your estate 3 ways (33.33%, 33.33%, 33.34%) you must decide who will get 33.33% and who will get 33.34%.

Example: I give 25% of the rest of my estate to my uncle, William Beadle, of Halifax, Nova Scotia, Canada.
Example: I give 75% of the rest of my estate to my friend, Carole Smith of Lunenburg, Nova Scotia, Canada.

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What do you want to happen if any of the people you listed die before you? Pick one of the following(*)

If any of the beneficiaries I've listed die before me, I want to give that deceased beneficiary's share to their children in equal shares. If they do not have any children, I want to give the deceased beneficiary's share to my other beneficiaries in equal shares.

If any of the beneficiaries I've listed die before me, I want to give that deceased beneficiary's share to my other beneficiaries in equal shares. To be clear: if only one of my beneficiaries survives me, they get all of the rest of my estate.

PLEASE COMPLETE REQUIRED FIELD!

IMPORTANT: If all the beneficiaries you list here die before you, make a new will. If you do not, the rest of your estate will be treated like you have no will, based on the rules in the Intestate Succession Act. That will make things more complicated for your executor and beneficiaries, and will mean delays and extra costs. It might also mean your estate will not be distributed the way you want.

Review and Finalize

Review the Will below the submit button. You can change any of your answers by using the Prev/Next buttons.

If you are finished making your Will, click Submit to create a document you and your two witnesses can sign.

After you click Submit, a page will appear with a link so you can download a pdf of:

Your Will with a signing page
Instructions for Signing your Will, and
Affidavit of Execution.

Download all 3 documents. If you give your email address below, we will ALSO email you a copy of your Will and links to the Instructions for Signing your Will and Affidavit of Execution to download.

Carefully follow the steps in the Instructions for Signing your Will and for arranging to get the Affidavit of Execution signed.

If you would like an email copy of this will, please enter your email address.

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REMEMBER: Once you complete the app and get the PDF of your Will, print it, and carefully follow the steps to sign it and have it witnessed.

WILL OF

Name
My full legal name is . I currently live in , Nova Scotia.
Revoking Previous Wills
I revoke all wills and codicils I wrote before today.
Family
My Province
My will and everything in it should be interpreted under the laws of Nova Scotia, Canada.
Executor and Trustee
2. I am using the words 'trustee' and 'trustees' to refer to whoever I have appointed in this will to be my executor or executors, whether that person is the original executor or the alternate executor.
3. My trustee is not required to pay a bond or security in order to manage my estate in Nova Scotia or any other jurisdiction, even if my trustee is not resident or located in any province or country in which I may own assets at the time of my death.
Gifts from My Estate
I give all my property to my trustees according to the following instructions:
1. Debts, Taxes and Expenses
  My trustee is to pay my debts, taxes, and expenses, including funeral, legal, and accounting expenses, out of my estate.
2. Conversion
  In managing my estate, my trustee may convert, keep, or invest my estate as set out in paragraph 7 of my will.
3. Specific Gifts
4. Pets
5. Personal and Household Articles
  My trustee is to distribute my remaining personal, domestic, and household articles according to any lists I made during my lifetime, but if I leave no such lists, then according to my trustee's sole discretion.
6. Residue
Trustee Powers – I authorize my trustee to:
1. Use their discretion in managing my estate. This includes the power to sell, collect, and convert into money any part of my estate that is not already cash. My trustee can do this at any time and in any way that they decide is best for my estate, if they act in good faith;
2. Sell, mortgage, lease and generally manage any property, real or personal, that is part of my estate, at any time and in any way that my trustee decides is best for my estate. My trustee will decide when to sell, and the manner and terms of sale, and may sell for cash or credit with appropriate security or a combination of cash and credit. My trustee may sell or transfer my real property without the consent of any beneficiary or possible beneficiary;
3. Keep some or all of my investments or property in the form existing when I die without responsibility for losses, as long as my trustee acts in good faith;
4. Invest estate funds. My trustee is not required to diversify my assets, and they are not restricted in any way by the Trustee Act. My trustee shall not be responsible for any losses, as long as they act in good faith;
5. Make, or decide not to make, any elections, determinations, and designations permitted by any statute or regulation enacted by the government of Canada or any of its provinces;
6. Exercise any powers granted to them in my will without personal liability, as long as they act in good faith;
7. Hire any professional advisors they may need to help manage and administer my estate. Advisors may be paid from estate funds;
8. Compromise, settle, waive or pay any claim owed by my estate or which my estate may have against others for such payment, or no payment, and with any terms and conditions my trustee feels is reasonable;
Payments to Any Person under the Age of Majority
I give my trustee the power to make payments for any minor entitled to a gift from my estate to:
1. a parent or guardian of that minor; or
2. anyone my trustee in their sole discretion decides will manage those payments in a way that benefits the minor; or
3. directly to a third party providing goods or services for the benefit of that minor.
My trustee is fulfilling their duty by making the payments in this way and will not have any further responsibility if this is done. Receipt by the parent, guardian, or third party is a sufficient discharge of my trustee.
General Interpretation of my Will
In interpreting my will and wherever applicable:
1. for the purposes of survivorship, every beneficiary under my will who fails to survive me for fifteen (15) full days shall be treated for all purposes connected with the distribution of my estate as having died before me. This provision does not prevent my trustee from acting from the date of my death;
2. the term 'residue' of the trust property means the usual balance for distribution, being the amount determined net of all debts, funeral and testamentary expenses, gifts specifically identified in my will or in a list I have left, taxes, trustee fees, and all other usual expenses and fees arising from the administration of an estate;
3. any children en ventre sa mere at the date of my death or any other event referred to in my will, but born alive within twelve months of my death, shall be deemed to live at that date;
4. all headings have been used only to make my will easier to read, and do not form part of my will; and,
5. words importing the singular shall be construed as importing the plural, and vice versa.