What Is a Legal Will?
A Legal Will — formally called a Last Will and Testament — is a written document in which you set out your instructions for how your property and assets are to be distributed after your death. It also allows you to name an Executor: the person responsible for carrying out your instructions.
In Nova Scotia, a Will must be in writing, signed by you in the presence of two witnesses, and those witnesses must also sign in your presence. A Will that does not meet these requirements is not legally valid. This service provides two qualified witnesses and a Notary Public to supervise the entire signing process — so you leave with a document that is properly executed and ready for use.
What Happens If You Die Without a Will?
Dying without a valid Will is called dying intestate. In that case, Nova Scotia's Intestate Succession Act determines who inherits your estate — and the result may have nothing to do with what you would have wanted.
Under intestate rules, your estate passes to your closest relatives in a fixed order set by the Act. A common partner you were not married to receives nothing. Specific gifts to friends, charities, or family members you cared for are impossible. If you have minor children and no surviving spouse, the Public Trustee of Nova Scotia may become involved in managing assets held for those children.
A valid Will avoids all of this. It puts your wishes in writing and gives your Executor the legal authority to carry them out.
What a Legal Will Can Do
- Name an Executor (and an alternate) to administer your estate
- Specify who inherits your property and in what proportions
- Make specific bequests — a piece of jewellery, a vehicle, a sum of money — to named individuals
- Name a guardian for minor children
- Provide instructions for the care of pets
- Set out your funeral and burial preferences
- Establish a testamentary trust for minor or dependent beneficiaries
- Reduce the likelihood of disputes among family members
What a Will Cannot Do
A Will does not override beneficiary designations on registered accounts (RRSPs, TFSAs, RRIFs) or life insurance policies — those pass directly to named beneficiaries outside your estate. A Will also does not govern jointly held property, which passes to the surviving joint owner by right of survivorship. Understanding what falls inside and outside your estate is important when planning who gets what.
Do You Need a Lawyer?
In Nova Scotia, you are not required to use a practicing lawyer to prepare a valid Will. A Notary Public can supervise the execution of a Will prepared according to your instructions. What a Notary cannot do is give you legal advice — for example, advising you on the tax consequences of a particular bequest, or whether a trust structure is appropriate for your situation.
If your estate is complex — significant business interests, blended family complications, cross-border assets — you should retain a practicing estate lawyer. But if you know what you want and simply need it properly prepared and executed, this service provides a legal and more affordable alternative.
What Is an Affidavit of Execution?
Each Will prepared through this service is accompanied by a notarized Affidavit of Execution. This is a sworn statement by one of the witnesses confirming that the Will was properly signed and witnessed. While not required for a Will to be valid in Nova Scotia, an Affidavit of Execution eliminates the need for the probate court to track down a witness to verify the signing — a significant practical benefit that can speed up the probate process considerably.
Free Annual Updates
Life changes. A new grandchild, a divorce, a change in who you trust to act as Executor — any of these may mean your Will no longer reflects your wishes. Annual updates to your Will are included at no extra charge. Bring your existing Will to a new appointment and it will be revised and re-executed at no cost.
Ready to Get Your Will Done?
One appointment. One hour. Walk out with a legally executed Will, Power of Attorney, and Personal Directive.
Related Services
A Will addresses what happens after your death. Two other documents address what happens if you become incapacitated while still alive — and they are just as important:
- Enduring Power of Attorney — appoints someone to manage your finances if you cannot
- Personal Directive — appoints someone to make healthcare decisions on your behalf
All three documents are included in the standard package at no additional cost.