News release

Probate Law Modernized

Justice

Nova Scotia's Probate Act, which dates back to 1842, is being brought into the 21st century. Justice Minister Michael Baker brought forward major changes to the act designed to simplify and modernize the probate system.

"The reform of this act is long overdue," said Mr. Baker. "I am pleased to bring forward these amendments and I wish to sincerely thank the volunteers who served on the advisory committees that helped to shape this legislation."

One of the most substantial changes relates to the title of land after death. Title of land owned by the deceased will rest with a personal representative, or the executor of the will. If an individual is intestate, that is, if they've died without a will, the court will appoint an administrator. Ownership of the individual's personal property will rest with the Public Trustee until an administrator is appointed. This change brings Nova Scotia in line with most other jurisdictions in Canada.

The probate process is also being streamlined, allowing Registrars of Probate to hear many proceedings of the Probate Court and many issues in dispute if all parties agree. In this way, a judge need only be involved when necessary. Procedural rules are being simplified and forms will use plain language.
Probate data will be computerized and available in probate courts.

The amendments will also allow the Probate Court to make an order to protect the assets of an estate. Similarly, the Public Trustee is authorized to take possession of assets in order to preserve and protect them before the Registrar issues a grant, or opens the estate.

Previously, a affidavit of execution of a will was made after the death of the testator, the person who made the will. Essentially, it meant that after the testator died the person who witnessed the signing of the will had to file an affidavit stating they had observed the signing. This sometimes caused delays or added to the expense of processing the estate because witnesses were difficult to locate or had died. Now, an affidavit of execution of a will may be made at any time after the will is signed, allowing the witness to sign the affidavit as soon as they have observed the signing of the will.

Other amendments include expanded options for the removal of executors. In the event there are unascertained heirs, a personal representative can seek a order from the Probate court to distribute the estate's proceeds to known entitled individuals.