Making a Will

A - A will is a document in which you say how you want your property to be distributed when you die. A properly signed and witnessed will becomes a binding legal document on the date of your death. The person who makes the will is called the "testator".

Q - Do I have to make a will?

A - No. The law does not say that you must make a will. However, making one should give you peace of mind and make it easier for your family or friends to handle your affairs when you die. Unfortunately, it is not unusual for family members to argue over the estate of a deceased relative who dies without leaving a will.

Q - Must a lawyer write my will?

A- No. The law does not say that a lawyer must write your will. You can make up your own or buy a form from a store. However, it is wise for you to get legal advice when making a will. The lawyer will:

§ make sure the will is clear about what you want to happen to your property on your death,

§ make sure the will meets all the legal requirements,

§ be familiar with a number of standard clauses that can be included in a will to provide for unforeseen events.

If you decide to write your own will, you should have a lawyer look it over to make sure that it meets all legal requirements.

Q - Who can make a will?

A -Any person aged 19 or older who is of sound mind can make a will. A person under 19, can make a will if he or she is or was married.
"Being of sound mind" is often called having "testamentary capacity". This means that:

§ you must know that you are making a will and understand what a will is,

§ you must know what property you own, and

§ you must be aware of the persons (such as a spouse and children) you would normally feel you should provide for.

You must have testamentary capacity at the time the will is made. If you become mentally incompetent after you make a will, it is still a valid will.

Testamentary capacity may become an issue with persons who have a mental infirmity or who are very ill. The mental capacity of a very ill person may be affected by the illness or drugs or pain. Making your will while you are in good health may avoid the problem of having your mental capacity questioned.

You must know and approve of the contents of your will.

The will may be invalid if you were misled, whether by fraud or simply by accident, or if someone exerted undue influence on you. This is another reason for meeting with a lawyer to discuss the will so that there is evidence that the will was made by your own free choice.

Q - Does a will have to be typed?

A - No. The will must be in writing but it can be handwritten, printed, or typed.

Q- Does the will have to be signed?

A - Yes. The will must be:

§ signed at the end by you. You must sign the will before two witnesses who must be present at the same time. If you are unable to sign the will you can ask someone to sign it for you in your presence. You must tell the two witnesses that the will is yours.

§ signed by two witnesses in your presence and in the presence of each other. The witnesses must be at least 19 years old and must not benefit from the will or be married to someone who benefits.

You should mark the date on the will.

After the will is completed, it is wise to initial and number each page so that pages cannot be replaced or removed from the will.

You should also arrange for one of the witnesses to swear an Affidavit of Execution.

Q -What is an Affidavit of Execution?

A - An affidavit is a statement sworn before a Commissioner for Oaths or Notary Public. An Affidavit of Execution is a statement by one of the witnesses to the signing of a will. In the affidavit the witness confirms that he or she witnessed the signing of the will by the testator and in the presence of the other witness and that the testator was of sound mind and of the age of majority at the time the will was signed.

An affidavit of execution can be made any time after the signing of the will but it is best to do it immediately after the will is signed. After your death, your Executor can use the affidavit in court to show that the will was properly signed and witnessed. If there is no affidavit, the Executor will have to locate one of the witnesses and have him or her swear an affidavit when the Executor applies for a grant of probate of the will.

Q - What is a holograph will?

A - A holograph will is a handwritten will signed by the testator but not witnessed.

Before August 19, 2008 holograph wills were not valid in Nova Scotia. Then the law was changed, and a holograph will made after August 19, 2008 is now legal.

The courts have ruled that a holograph will made before August 19, 2008 is not valid.

If you have a holograph will it is best to check with a lawyer to make sure it is valid.

Q - What is a codicil?

A- A codicil is a document that changes your original will. Usually a codicil is used only to make minor changes. You must sign the codicil and have your signature witnessed in the same way as your will.

Q - What goes in my will?

A - The will contains your instructions about what you want done with your property after you die. The language should be clear and simple, so no one is confused about what you meant.

A will should have several sections. These are called "clauses":

Revocation
The will should say that you revoke all previous wills and codicils.

Appointment of an Executor
The will should appoint an executor who is responsible for carrying out the instructions in the will.

Disposal of Property
This section of the will should say who gets your property and under what conditions. A will only comes into force after your death. Up until your death you are free to deal with your property as you wish. For example, if you leave your cottage to your niece in your will, it does not prevent you from selling the cottage and using the money as you wish.

The will can only dispose of property that you still own at the time of your death.

If you are leaving property to someone, you may want to provide for the possibility that he or she might die before you. For example, if you leave some of your property to your cousin, do you want his children to inherit it if he dies before you or do you want the property to go to someone else?

Residuary Clause
Generally, wills should include a residuary clause. This clause says who gets the property that remains after all gifts have been paid out or given to the beneficiaries.

If your will does not contain a residuary clause, the remaining property (called the residue) will be treated as if you had died intestate. It will be distributed according to a provincial law called the Intestate Succession Act. 'Intestate' means dying without a will.

Other Clauses
A will may contain other clauses to suit your needs. For example, you may want to recommend a guardian for your children, create a trust, or set out the powers of the executor.

Q - Should I put my burial wishes in my will?

A - It is not a good idea. Often the will won't be found or read until after the funeral. You should tell the person who is likely to arrange the funeral what your wishes are or leave separate written instructions.

Q - Can I leave my property to whomever I want in my will?

A - In most cases, you are free to deal with your property as you wish. However, two laws, the Testator's Family Maintenance Act and the Matrimonial Property Act, place some limitations on that freedom.

Testator's Family Maintenance Act
This Act tries to make sure that your dependents are left with money and support whenever possible and if necessary. Children (including adopted children) and a widow or widower are considered dependents under the Act.

Common law spouses are not considered dependents under the Act unless they have a Registered Domestic Partnership. Then they are included from the date they registered the partnership. Divorced spouses are not considered dependents under the Act.

The judge considers all the circumstances of a case in deciding whether to give support to dependents. They include:

§ whether a dependent deserves help (what is his or her character and conduct),

§ whether there is any other help available to the dependent,

§ the financial circumstances of the dependent,

§ any services provided by the dependent to the testator,

§ the testator's reasons for not providing for a dependent in the will. It helps if the reasons are in writing and signed by the testator, or if they are included as part of the will.

This is not a complete list. The judge may take other factors into account. A person who wants to apply for support under this Act should talk with a lawyer.

The Matrimonial Property Act
This Act recognizes the contribution of both spouses to a marriage. The Act says that when one spouse dies, the surviving spouse can apply for an equal division of matrimonial property. The surviving spouse must apply to the Supreme Court.

A judge decides what share of the property the surviving spouse should get.

Common law spouses are not covered by the Act unless they have a Registered Domestic Partnership. Then they are included from the date they registered the partnership.
The application for division must be made within six months after probate or administration of the estate has been granted. Anyone who wants to make an application should first talk with a lawyer.

Family members
You may decide to leave your estate to someone other than your closest relatives or you may decide to leave it to some family members but not others. If you do this, it is wise to get advice from a lawyer and to record your reasons in writing.

Q - What happens to money from my insurance policies?

A - An insurance policy can say that it is to be paid to a certain person or to your estate. If the insurance money is to be paid to your estate, the money from your policy will be distributed according to the terms of the will. If an individual is named, the money goes directly to that person. It does not become part of your estate.

Q - Can I change my will?

A- Yes. You can make changes to your will at any time up until your death provided you are mentally competent. You should look at your will now and then to make sure it is still up to date. For example, you may have sold or given away some of the property mentioned in your will. You may want to make changes in the will because of births, deaths, and marriages in the family.

There are two usual ways to change your will:

§ You can write a separate document called a codicil. You must sign and have your codicil witnessed in the same way as your will. The opening words of the codicil usually refer to the will that it is amending. It will say that certain clauses of the will are revoked or amended and others are substituted. It should say that apart from these changes, you confirm the terms of the will.

§ You can make a new will. It may be wise to make a new will if you wish to make major changes in your will or you have already made a number of codicils. The first clause of a new will usually says: "I revoke all wills and testamentary dispositions of any nature and kind made by me." The most recent will, properly executed, is the one which will be used following your death.

Changing your will by marking or crossing out words in the will often causes problems. It is much wiser to make a codicil or a new will.

You must be of sound mind at the time you make the changes or the new will or codicil may be challenged in court.

Q - Can I cancel my will?

A - Yes. There are five ways to cancel your will, or parts of your will. This is called revoking a will.

§ Your will is revoked if you marry, unless you made the will knowing you were going to get married.

§ Parts of your will may be revoked if you divorce. As of 19 August 2008, divorce 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.

§ You can make a written document saying that you want to revoke the will. It must be signed and witnessed in the same way as a will. For example, in one case the bank manager had the will. The testator became ill and signed a letter to the bank manager that said: "Will you please destroy the will already made out." This letter was properly signed and witnessed, and it revoked the will.

§ You can make a new will. A new will which is properly executed revokes a previous will. A codicil revokes certain clauses in a will.

§ You can destroy the will or ask some other person to destroy it in your presence. If your will is accidentally destroyed (for example, by a fire in which you die) a copy of the will can be used because there was no intention to revoke.

Q - Is a will made outside Nova Scotia valid in Nova Scotia?

A - Your will may be valid if it was made outside Nova Scotia. You should have it checked by a lawyer to see that it meets the requirements of Nova Scotia law.

Q - What happens if I die without a will?

A - When you die without a will you are said to die "intestate".

§ Your estate will be divided according to the rules set out in the Intestate Succession Act. Your property may be distributed in a different way than you would want.

§ Common law spouses are not on the distribution list unless they have a Registered Domestic Partnership. Then they are covered from the date they registered the partnership. If there is no Registered Domestic Partnership, the surviving common spouse may have to go to court to get financial support or to make a claim on your estate. Children of the common law relationship are covered in the Act.

§ There will be additional expense and delay in settling the estate. This may add to your family's pain and distress.

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

§ The person who will look after your estate must be appointed by a court and may not be someone you would have chosen.

§ If you and your spouse die at the same time and have not chosen a guardian for your children, the person appointed as guardian might not be someone you would have chosen.

The law relating to intestacy also applies when a person dies partially intestate. This means where you do not dispose of all your property in your will. The part of the estate that your will does not deal with is distributed according to the Intestate Succession Act.

Q - Who looks after my will when I die?

A -Your executor looks after your will when you die. An executor is the person or corporation you name to carry out the terms of your will. The executor's job is to see that everything in the will is handled properly. The Executor applies to the Probate Court for a grant of probate. This gives the executor power to handle your estate in accordance with the terms of your will.

The executor will gather together all of your assets, pay your debts and taxes, and distribute your money and property according to the instructions in your will.

If you do not name someone to be an executor in your will or if you die without a will, your next of kin will usually ask the Probate Court to appoint someone to fill the executor's role. This person is called an "administrator".

The court uses the term "personal representative" for those appointed as either an executor or an administrator.

It is best to name an executor in your will because then you can be sure that your estate will be handled by someone you know well and trust. Also, you can give broader powers of administration and discretion to your executor than the Probate Court will give an administrator.

Q - Who should I choose as an executor?

A -Most people ask a family member or close friend to act as their executor. However, you need to be sure that the person you choose has the time and ability to carry out the many duties of executor and is someone who will get things done.

Looking after an estate can be difficult and time-consuming. Sometimes it can include responsibilities that last for years.

Here are some things to keep in mind:

§ The best executor is a trustworthy, reliable, and competent adult.

§ You should consider choosing someone who has some knowledge about business affairs.

§ Choose someone who is likely to outlive you.

§ Choosing someone who lives in the same province as you do may cut down on long distance phone calls and other administrative expenses.

§ Your spouse, a friend, family member, or heir may be able to do a good job as executor. Many people choose their spouse or main heir as executor.

§ You may wish to appoint a back-up executor in case your first choice dies, moves away, or for some reason is unable to do the job.

You can name your lawyer as executor, but most lawyers do not act as executors. They prefer to handle only the legal side B preparing documents and advertising for creditors. Before you name your lawyer check that he or she is willing to be your executor.

Q- Can I choose a trust company to act as my executor?

A - If your estate is complicated or you do not have a relative or friend who is able to act, you may want to appoint a trust company as executor. You should check that the company is willing to act as executor. If you don't, the company might refuse to act as executor upon your death.

Most trust companies have experience in estate planning. Their advice may help you plan your estate to save tax and avoid administrative problems. Also, because such companies are strictly regulated, you can be sure that your estate will be handled properly and legally.

If there is a chance that a problem will arise among your heirs, a trust company might be a good choice because it would be an impartial executor. If you appoint a trust company as your executor, the company may give you free advice on drafting your will and may store it for you.

There can be disadvantages to using a trust company:

§ they usually charge the maximum fee allowable,

§ they tend to be conservative investors,

§ they probably will not be as familiar with your assets as a friend or family member,

§ their fees are subject to certain taxes which are payable out of the estate.

Before choosing an executor, you may also want to think about the time involved in administering your estate. For example, if you want to set up a trust for the care, education, and benefit of your children, this would be a long-term commitment for an executor. In a case like this, you may want to consider a trust company rather than someone who might not be able to make such a time commitment or who may die before the funds in the trust have all been distributed.

Q - Can the person I choose as executor refuse the position?

A - Yes. A person named in your will can refuse to act (called "renouncing"). By refusing, an executor makes it known that he or she does not plan to take on the job and gives up all the rights and responsibilities of the appointment. If the person you choose is not told until after your death, and then he or she refuses, your next of kin will have to apply to the court to appoint someone else. This is why, before you make your will, you should ask the person whom you want to be your executor if he or she is willing to take on the job. If he or she refuses, you can appoint someone else.

Q - Can I appoint joint executors?

A - Yes. You can appoint more than one executor (called "co-executors") to share the responsibility. Unless you provide otherwise, the co-executors would have to agree on all decisions and both would have to sign all documents.

making-a-will.html#2

----------------

Power of Attorney

This page gives general information about power of attorney. It does not replace legal or other professional advice about a specific legal problem. Everyone's situation is different, so you may need to get legal help about your situation.

What is a power of attorney?

A power of attorney is a legal document that lets you give another person authority to act on your behalf. If you are giving someone the authority to act on your behalf, you are called the donor. If you are the person receiving the authority, you are called the attorney (even if you are not a lawyer).

Giving someone a power of attorney does not limit you from acting on your own behalf. You still have control of your financial affairs and are free to deal with your property, money, and investments.

What is an enduring power of attorney?

When would I need a power of attorney?

When is it too late to give a power of attorney?

Who can be my attorney?

What are the legal requirements for a power of attorney?

Where can I find a commissioner for oaths or a notary public?

What powers will my attorney have?

Do I need a lawyer?

Can I buy a power of attorney form?

How much will it cost?

Can my attorney use my bank account?

Can a power of attorney be used to buy and sell land?

What happens if I become mentally incompetent?

How does a power of attorney end?

Do powers of attorney have to be registered?

What are the risks in giving a power of attorney?

What can I do to prevent misuse of a Power of Attorney?

What can I do if my attorney misuses the Power of Attorney?

More information

http://www.legalinfo.org/life-events/life-events-power-of-attorney.html

----------------------

BLOGGED:

Seniors dying/burial/living in poverty $$$- IN CANADA-NOVA SCOTIA- Don't be afraid- God loves us old sinners- getting prepared-write ur own obit- find out $$$ 4 burial 4 poor folks/Women- ur rights/Pensions- Income- LIVING IN POVERTY HELP- One Billion Rising- girls and women matter Nova Scotia and Canada

http://nova0000scotia.blogspot.ca/2014/09/seniors-dyingburialliving-in-poverty-in.html

------------

blogged:

Seniors of Nova Scotia and Canada-u kick the bucket who does family call Canada?/Dying suddenly what about ur pets?/bagged tagged and burnt- getcha will done babe/Nova Scotia Gov./Federal Gov/Blogs/how 2 make it easy with wills if u die suddenly vs no will /When u die-what happens 2 ur websites/ stories and humour/4 those u give a sheeet about/FUN-GAMES AND HUMOUR- HEY WE'RE OLD

http://nova0000scotia.blogspot.ca/2015/04/seniors-of-nova-scotia-and-canadadying.html

---------

As a 4 year old dancing in the field with family working the farm.... listening to the radio from the windows..... knew all the words..... lessen Grandma came .... then back to nature's music.... nobody messed with grandma...... ever.... we used to whisper we know the devil runs and hides.... but betca God even shows special grace to grandmas..... and now i'm one.... and guess what.... we rule.... :) pssst.... love u Hank Williams...

Hank Williams.... Hey Good Looking

-----------------

BLOGGED:
CANADIAN SENIORS ARE GETTING RIPPED OFF-12 Monthly 4wk cheat 2 full weeks- same 4 poverty systems- O Canada- Nova Scotia?? This is soooo 60s and this is 2014!!1 Fix it or lose our votes in 2015/Sept 25- Holy Sheeeeet Sherlock -Linda McQuaing's IPOLITICS article- real war over inequality isn't between old and young- awesome/Sep. 25- OLD AGE... POPULATIONS GLOBALLY- AND YOUTH - GLOBAL MAPS OF AGES 2014... O Canada, Africa has all the young ones and a bit Middle East - world is changing
http://nova0000scotia.blogspot.ca/2014/09/canadian-seniors-are-getting-ripped-off.html

-----------

BLOGGED:

SENIORS- PEOPLE WITH DISABILITIES- Nova Scotia Canada- Global hits-NOVA SCOTIA SENIORS How 2 prepare4disaster/International Disability and Senior Links/Mental Wellness/Wheelchair/coping with disabilities proudly- RECYCLE- how 2 separate your householdgarbage and electronic waste (thanks Kings Co. Nova Scotia) - let’s git r done Canada... and world.... Seniors and Disabled matter- all links provided- thx Canada-USA-UK-Aussies-Europe etc.

http://nova0000scotia.blogspot.ca/2014/11/seniors-people-with-disabilities-nova.html

---------------

Notary public - Wikipedia, the free encyclopedia

en.wikipedia.org/wiki/Notary_public

A notary public (or notary or ... commissioned officer of the Royal Canadian Mounted Police or Canadian Forces make act ... their immigration papers and want to ...

---------------

-------------

1. Nova Scotia Legal Aid

nslegalaid.ca

Legal Information Now on this Website. Nova Scotia Legal Aid is Here to Help… …if you have a legal problem in family law (including child protection), criminal ...

o Contact Us

HRM Duty Counsel Nova Scotia Legal Aid. 5475 Spring Garden …

o Getting Legal Aid

If you are interested in applying for Legal Aid, please choose the …

o How to Apply

To apply for Nova Scotia Legal Aid (NSLA) services, one must …

o Online Applications

In order to properly fill out, save and submit a Nova Scotia Legal Aid …

o Do I Qualify

Nova Scotia Legal Aid is “here to help.” NS Legal Aid can provide …

o What If Service is Denied

A person, who applies for legal aid, provides all the necessary …

o 325 Main St S, Kentville NS B4N 1K5 · 902-679-6110

http://www.bing.com/search?q=nova+scotia+legal+aid&src=www.CrazyBrowser.com

-----------------

-------------

WHO CAN CERTIFY A TRUE COPY....

Many applications you may have to complete during your life will require certified copies of supporting documents to be submitted with the application package. This is especially true if you will be completing any Canadian or other immigration applications. But what is a certified copy? This article will cover:

What is a Certified Copy?

A certified copy is a photocopy of a document that contains a statement made by a professional affirming that they have seen the original document, the information on the copy matches the original, and the photocopy has not been altered in any way. Because of the extra effort necessary to produce a certified copy, it is accepted by certain government agencies in place of an original document.

What is a Certified Translation?

Certified translations are frequently used in applications where none of the documents submitted will be returned to the applicant or, multiples of the documents need to be submitted to different government agencies. Often the only acceptable translations of documents must be certified copies to demonstrate the authenticity of those documents. However, in certain applications such as a UK passport application, only original documents are accepted, and these will be returned to the applicant.

Who can certify a copy?

Only people in certain fields, many of which are regulated, may certify copies. Who can certify the copies also depends where the copies are being submitted. For example, to submit Cuban marriage documents to the Cuban consulate, only a lawyer can certify the copies; copies certified by a commissioner of oaths or another professional, which may be accepted by another government or organization, will not be accepted by the Cuban consulate and the application will be returned to the applicant.
However, for applications submitted to Citizenship and Immigration Canada (CIC), members of several professions can certify copies, including doctors, lawyers, dentists, ministers, police officers, postmasters, and teachers. For a complete list of professionals who can certify documents for applications to CIC, please see below.
For someone to certify copies of your documents, they do not need to know you personally. Many people ask their personal doctor or lawyer to certify their copies, but you may ask any professional to do it provided that is acceptable for your application. If the person who certifies the copies knows you as their patient or client, they may not charge you anything. However, if you are unknown to them, and sometimes even if you are their client, they may charge you a fee to certify your documents. It is perfectly legal for them to do so.
The person who certifies your copies cannot under any circumstances be your family member.

How to make sure a copy is certified

When you have found someone to certify your documents, it is not enough for them to simply make a photocopy and sign their name. The professional who is certifying the documents must also write the statement: “I certify that this is a true copy of the original document”. Then, they must include

the name of the original document
the date of the certification
his or her name
his or her official position or title and
his or her signature

Certified copies can come in a number of formats. Certain professionals will put all of their information on the same page as the copied document. However, others will place a cover sheet over the copy with the necessary information in typed format and staple the two together. Both formats are usually acceptable.
Certain professionals such as lawyers frequently have stamps or seals that they use to add certain parts of the necessary information because of the number of certified copies they have to produce. A certified copy does not need a stamp or seal to be complete. These stamps are usually simply a matter of convenience for the person making the copy and the same information in handwritten form is also acceptable. However, if the person certifying the copies uses a press seal to emboss the paper - to produce a stamp with no color but with raised lettering - it is recommended that they do use a colored seal so that the stamp will show up on a photocopy. Embossed seals done on plain white paper are easily visible, but do not show up easily on a photocopy of the certified copy.
Once you have the certified photocopy, make sure all of the above information is present. Finally, make sure that the photocopy itself is of good quality. The certified copies may still not be accepted if they are too light, illegible, or if part of the document does not show in the copy. For this reason, documents should be placed in the middle of the glass when making a copy rather than on the edge to ensure that no part of the document is lost.

Who can certify copies for applications sent to CIC?

Persons authorized to certify copies for CIC include the following:

Chiropractor
Commissioner of oaths
Dentist
Funeral director
Justice of the peace or judge
Lawyer
Manager of a financial institution
Medical doctor
Member of a provincial legislature
Member of parliament
Minister of religion
Municipal clerk
Notary
Official of an embassy, consulate or high commission officially accredited to Canada and authorize to certify document issued by the official’s government
Official of a federal or provincial government department
Pharmacist
Police officer
Postmaster
Primary, secondary or university teacher
Professional accountant
Professional engineer
Social worker
Veterinarian

Who can certify copies for CIC applications outside of Canada

Judge
Magistrate
Notary public
Officer of a court of justice
Commissioner authorized to administer oaths in the country in which you are living

- See more at: http://www.immigroup.com/news/what-are-certified-copies#sthash.6BRJ4Sxx.dpuf

http://www.immigroup.com/news/what-are-certified-copies

-----------

Nova Scotia Commissioners of Oaths

Commissioners of Oaths

Some kinds of legal documents are evidence in a Court if it is shown that the party who made them swore or affirmed their truth. The oath or affirmation is taken by a Commissioner of Oaths. An affidavit is a statement of facts which the maker swears to be true. An affirmation is also a statement of facts but the maker affirms instead of swears it to be true. A declaration includes an affidavit or an affirmation.
The Minister of Justice appoints Commissioners of Oaths under the authority of the Notaries and Commissioners Act. A Commissioner of Oaths is deemed to be an officer of the Supreme Court of Nova Scotia. Commissioners take declarations concerning any matter to come before a court in the Province.
In addition to appointments, some professionals are automatically Commissioners of Oaths, including barristers of the Supreme Court of Nova Scotia, Canadian Armed Forces officers on active duty, MLAs, municipal chiefs of police, every commissioned officer of the RCMP on active service and every non-commissioned officer of the RCMP who is head of a detachment on active service in Nova Scotia, and funeral directors.

More information

Inquiries

1690 Hollis Street (B3J 3J9)
P.O. Box 7
Halifax, Nova Scotia B3J 2L6
Phone: (902) 424-4030
Email: justweb@gov.ns.ca
http://novascotia.ca/just/legal_services/commissioner_oaths.asp

-----------------------
NOTARY PUBLIC-
Call Us: 1.888.922.7325 | Book an Appointment

· Services

o Affidavits

o Authentication & Legalization

o Certified Copies

o Commissioner of Oaths

o Consent to Travel

o Criminal Background Checks

o E-Document Certification

o Fingerprinting Services

o Letter of Invitation

o Marriage Abroad

o Mobile Notary Services

o Notarization & Certification

o Passport Processing

o Statutory Declarations

o Visa Processing Services

· Locations

o Walk-In Locations

o Toronto & GTA

o Afterhour Locations

o Locations in Canada

· Fees

· Resources

· Publications

· Testimonials

· Contact Us

Certified True Copies

It often becomes necessary to obtain and use copies of a document rather than use the actual document itself. In this situation, we can photocopy the document and certify it as being a true or genuine copy of the original by affixing a signature, seal and statement to that effect on the copy. As a result, the veracity of the copied document is assured to persons to whom the photocopied document is later presented.

Additional Service Offerings:

Certification Copies of Original Documents
Certification of Government Forms
Certification of Signatures
Certified Copies
Certified Copy of Court Order
Certify Proof of Loss
Certify Copy of Birth Certificate
Certify Identification Copies
Certify Consent to Travel Documents
Certify Copies of Real Estate Documents

Certify Government Forms
Certify Mortgage Copies
Certify Photographs
Certify Copies of Powers of Attorney
Certify Signatures
Certify Copy of Forms
Certify Real Estate Documents
Certify Copy of Diploma
Degree - Certified Copy
Marriage Certificate - Certified Copy

Affidavits Authentication & Legalization Certified Copies Commissioner of Oaths Consent to Travel Criminal Background Checks E-Document Certification Fingerprinting Services Letter of Invitation Marriage Abroad Mobile Notary Services Notarization & Certification Passport Processing Statutory Declarations Visa Processing Services

http://www.redsealnotary.com/certification.html

-----------

Powers of Attorney- Nova Scotia

By writing a Power of Attorney, you can give

another person authority to act on your

behalf in case you are sick or become unable

to make decisions about your health care or

finances.

LEGAL

Information

S O C I E T Y O F N O VA S C O T I A

Legal Information Society of Nova Scotia (LISNS)

Legal Information Line

902.455.3135

1.800.665.9779

LISNS also has online information at www.legalinfo.org

Under “Legal Information,”

go to “Planning your Life.”

Click “Power of Attorney.

http://www.legalinfo.org/seniors/pdfs/Powers%20of%20attorney.pdf

-------

1. Canadian Elder Law Power of Attorney Summary

www.canadianelderlaw.ca/Power of Attorney.htm

... This pamphlet explains what a Power of Attorney is, who can ... Legal Information Society of Nova Scotia Power of Attorney ... can be done if the power is ...

---------------

JUSTICE OF THE PEACE- Evidence Act - Canada – nova scotia

· HTMLFull Document: Canada Evidence Act

http://laws-lois.justice.gc.ca/eng/acts/C-5/FullText.html

1 This Act may be cited as the Canada Evidence Act . ..... of Canada, of a copy or extract purporting to be certified to be true by the ... or before any justice of the peace or coroner in a province, may be given in any ..... (b) the integrity of information contained in electronic documents signed with secure electronic signatures.

(b) swear an information;

Justices of the Peace in Nova Scotia

To be able to perform a wedding ceremony, Justices of the Peace (or JPs, as they are more commonly known) must complete a training course authorized by the N.S. Department of Justice. They must also be registered with the Department of Business and Consumer Services. A list of those authorized to perform wedding ceremonies is available at any Justice Centre, from any issuer of marriage licences, or you can search our online directory by selecting a county below. Click here for more information on civil weddings in Nova Scotia.

More Province of Nova Scotia

Government

Services

Nova Scotia Life

Stay Informed

Contact

Connect

Privacy Terms Cookies Crown copyright

http://novascotia.ca/just/Court_Services/jplist.asp

-------------------

JUSTICE OF THE PEACE – signing authority

This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

Justices of the Peace Regulations

made under Section 12 of the

Justices of the Peace Act

R.S.N.S. 1989, c. 244

O.I.C. 2002-159 (March 28, 2002, effective March 31, 2002), N.S. Reg. 51/2002

as amended to O.I.C. 2015-137 (April 21, 2015), N.S. Reg. 204/2015

Citation

1 These regulations may be cited as the Justices of the Peace Regulations.

Definitions

2 In these regulations, “Act” means the Justices of the Peace Act.

Jurisdiction

3 Every justice of the peace has jurisdiction throughout Nova Scotia.

Duties of staff justice of the peace

4 A staff justice of the peace may only

(a) swear an information;

(b) issue a summons;

(d) conduct an arraignment in respect of an application for a peace bond;

(e) conduct an arraignment and accept a not guilty plea in respect of an offence under a Provincial enactment;

Clause 4(e) replaced: O.I.C. 2005-198, N.S. Reg. 103/2005.

(ea) conduct an arraignment and accept a guilty plea in respect of an offence under a Provincial enactment and impose

(i) the minimum penalty authorized by law for the offence and any charge required under subsection 8(6) of the Summary Proceedings Act, or

(ii) the penalty for that offence that has been directed by the Attorney General for out of court settlement under subsection 8(6) of the Summary Proceedings Act, including any charge required under that subsection; or

Clause 4(ea) added: O.I.C. 2005-198, N.S. Reg. 103/2005.

(eb) in respect of an offence under a Provincial enactment for which a summary offence ticket has been issued,

(i) enter a conviction and impose a penalty and any applicable charge in accordance with subsection 8(15) of the Summary Proceedings Act, including an increased penalty in accordance with subsection 8(15A) of the Summary Proceedings Act, or

(ii) quash a proceeding in accordance with subsection 8(15) of the Summary Proceedings Act;

Clause 4(eb) added: O.I.C. 2005-198, N.S. Reg. 103/2005; replaced: O.I.C. 2011-92, N.S. Reg. 42/2011.

(ec) sign a certificate striking out a conviction under subsection 8(17A) of the Summary Proceedings Act;

Clause 4(ec) added: O.I.C. 2011-92, N.S. Reg. 42/2011.

(f) administratively release a person on an undertaking or recognizance where the order was made by a judge or presiding justice of the peace;

(g) administer an oath;

(h) perform a civil wedding

(i) in the course of their employment, during working hours, and

(ii) when they regularly perform civil weddings in the course of their employment during working hours, outside working hours;

(i) when exercising the authority of a judge in the absence of the judge, adjourn a matter before a court;

(j) make a detention order for the initial 90-day detention only;

(k) receive the report respecting things seized that is required in connection with the execution of a telewarrant;

(l) make an endorsement on a warrant under sections 487 and 528 of the Criminal Code (Canada).

Clause 4(l) added: O.I.C. 2004-380, N.S. Reg. 208/2004; amended: O.I.C. 2005-198, N.S. Reg. 103/2005.

4A Despite the amendments to these regulations made effective April 1, 2011, these regulations as they existed immediately before April 1, 2011, apply to a summary offence ticket summons served before April 1, 2011, and, for greater certainty, these regulations shall be read, interpreted and construed with respect to any such ticket summons and related information and proceedings as if these regulations were not amended by the amendments to these regulations made effective April 1, 2011.

Section 4A added: O.I.C. 2011-92, N.S. Reg. 42/2011.

Duties of administrative justice of the peace

5 (1) Except as provided in Section 5A, an administrative justice of the peace may only

(a) perform a civil wedding;

(b) administer an oath;

(d) issue a summons; and

(e) issue a subpoena.

Subsection 5(1) amended: O.I.C. 2008-187, N.S. Reg. 244/2008.

(2) The fees for the services referred to in clauses (1)(b), (c), (d) and (e) shall be as set out in the Schedule to Part I of the Costs and Fees Act.

Administrative justice of the peace authorized only to perform civil wedding

5A (1) An administrative justice of the peace may be authorized only to perform a civil wedding.

(2) An administrative justice of the peace authorized only to perform a civil wedding may only perform a civil wedding.

Section 5A added: O.I.C. 2008-187, N.S. Reg. 244/2008.

Term of appointment of administrative justice of the peace

6 (1) Except as provided in subsection (2), an administrative justice of the peace holds office for a term of 5 years and may be reappointed.

Section 6 renumbered 6(1) and amended: O.I.C. 2008-187, N.S. Reg. 244/2008.

(2) An administrative justice of the peace authorized only to perform a civil wedding may be appointed for a term of no longer than 5 years and may be reappointed.

Subsection 6(2) added: O.I.C. 2008-187, N.S. Reg. 244/2008.

Duties of presiding justice of the peace

7 (1) A presiding justice of the peace may, subject to the Act and in accordance with the directions of the Chief Judge of the Provincial Court, the Chief Judge of the Family Court or the Chief Justice of the Supreme Court of Nova Scotia, as the case may be,

(a) deal with all matters prescribed to a justice of the peace in the Criminal Code and the Summary Proceedings Act;

(b) swear an information;

(d) issue a subpoena;

(e) issue a search warrant;

(f) issue an arrest warrant;

(g) issue a warrant to enter a dwelling-house;

(h) issue a telewarrant;

(i) make a detention order;

(j) make a sealing order;

(k) conduct a judicial interim release hearing;

(l) conduct an arraignment in respect of an offence charged in a summary offence ticket;

(m) preside over a trial in respect of an offence charged in a summary offence ticket;

(n) conduct a hearing in respect of an application for a peace bond;

(o) process an out-of-province warrant;

(p) hear an application to strike out a conviction under subsection 8(18) of the Summary Proceedings Act;

Clause 7(1)(p) replaced: O.I.C. 2011-92, N.S. Reg. 42/2011.

(q) preside over a trial in respect of a provincial enactment;

(r) deal with all matters prescribed to a justice in the Cyber-safety Act, including conducting a hearing of an application for a protection order under that Act;

Clause 7(1)(qa) added: O.I.C. 2013-264, N.S. Reg. 275/2013; redesignated clause 7(1)(r): O.I.C. 2015-137, N.S. Reg. 204/2015.

(s) deal with all matters prescribed to a justice in the Missing Persons Act, including conducting a hearing of an application for a search order or a record-access order under that Act.

Clause 7(1)(s) added: O.I.C. 2015-137, N.S. Reg. 204/2015.

(2) A presiding justice of the peace may perform any of the duties listed in subsection (1) between the hours of 9 p.m. of one day and 9 a.m. of the following day only when, in the opinion of the presiding justice of the peace, it is not reasonable to wait until 9 a.m. of the next day to deal with the matter.

Duty roster

8 A presiding justice of the peace shall perform their duties and functions in accordance with the duty rosters established by the Chief Judge of the Provincial Court, the Chief Judge of the Family Court or the Chief Justice of the Supreme Court of Nova Scotia, as the case may be.

9 The duty rosters established by the Chief Judge of the Provincial Court pursuant to subsection 9(1) of the Act, the Chief Judge of the Family Court pursuant to subsection 10(1) of the Act and the Chief Justice of the Supreme Court of Nova Scotia pursuant to subsection 10A(1) of the Act, shall include evening and week-end assignments.

Section 10 repealed: O.I.C. 2013-413, N.S. Reg. 344/2013.

https://www.novascotia.ca/just/regulations/regs/jopregs.htm

---------

Service Nova Scotia Vital Statistics Birth Certificate

Who Needs This Certificate?
	Anyone, regardless of where they now live, who needs proof of a birth which was registered in Nova Scotia. Note: For information on how to contact another province or territory of Canada to get a birth certificate, please visit the Canadian Vital Statistics Offices page or you can contact The Service Nova Scotia Call Centre at 902--424-5851. (If outside metro Halifax, call 1-800-670-4357, toll-free in Nova Scotia only.). We also have a list of United States Vital Statistics Offices.
Issuing Department / Agency:
	Vital Statistics Office Service Nova Scotia
Where can you get this Certificate and / or further information?
	Phone	Vital Statistics Office: 902-424-4381 (or toll-free in Nova Scotia only: 1-877-848-2578 You will get a taped message; please select Option 1 for Birth Certificates
	E-mail	VSTAT@novascotia.ca
	Write	P.O. Box 157, Halifax, NS B3J 2M9 Canada
	Visit	Vital Statistics Office 300 Horseshoe Lake Drive Halifax, NS B3S 0B7 Hours: 8:30 a.m. to 4:30 p.m., Monday through Friday (except Holidays)
	Fax	902-450-7311
	Website	https://www.novascotia.ca/sns/access/vitalstats.asp

Application Forms & Process:
	There are 3 types of Birth Certificates. To figure out which type of Certificate you need, and whether or not you are eligible to get one, see Additional Information, below. How to apply 1) You can apply at the Vital Statistics office in Halifax (see address above). This is the ONLY way to get a certificate immediately. 2) You can submit your application online; it will be processed within the next 10 business days, and then the certificate will be mailed to you. (You need a Visa, MasterCard or American Express credit card to apply online.) 3) You can apply by mail. 4) You can apply at any Access Nova Scotia Centre, or any Registry of Motor Vehicles office. A convenient application form is available. To get one: 1) Birth Certificate Application [ - 65.13 kb]; or 2) call the number listed above and press 2 to talk to a customer service representative, who can have one mailed to you; or 3) write or fax the Vital Statistics office listed above; or 4) visit the Vital Statistics office in Halifax, or any Access Nova Scotia Centre, or any Registry of Motor Vehicles office. It is not necessary to use an application form to apply for a certificate. As long as you give complete information on all the key details of the event in a letter, and pay the proper fee, your application can be processed. The information you need to provide is explained under Additional Information, below. To return the application form, you can: 1) mail or deliver it to the Vital Statistics office in Halifax (see address above); 2) take it to any Access Nova Scotia Centre or Registry of Motor Vehicles office. Process: After your application and the proper payment have been received by the Vital Statistics office in Halifax, the certificate will normally be processed within 10 business days, and sent to you by mail. Please allow additional days for postal delivery. In case of emergency, the certificate can be sent by courier to the applicant. There is an additional charge of $20 for this service.
Waiting Period:
	In person: 15 minutes By mail: 10 business days Provided that all the items that must accompany the application have been received (Please allow several extra days for mail delivery.)
Expiry :
	These certificates do not expire.
Price and Payment: (No tax is charged)
	The different types of birth certificates are explained in Additional Information, below.
	Short Form		$33.00	restricted
	Long Form:		$39.90	restricted
	Certified Copy		$39.90	restricted
	Payment: Payment at the Vital Statistics office: cash, Interac debit card, Visa, Mastercard or American Express, or cheque or money order made out to the Minister of Finance. Payment by Mail: Visa, Mastercard or American Express credit card or by cheque or money order made out to the Minister of Finance Payment online: Debit Card (Interac^® Online), or Visa, Mastercard or American Express credit card. Note: you can make payment online for previous requests, using "payment on account" Payment by fax: Visa, Mastercard or American Express credit card.
Related Requirements:
	None
Additional Information:
	Searches All certificate prices include a three-year search. A three-year search may be requested without a certificate (confirmation of event only) for $6.25 Restrictions: Release of all birth certificates are subject to restrictions as set out in the Vital Statistics Act. All certificates are issued in accordance with information on file and cannot be returned for refund. Birth Certificates: (a) The short form birth certificate contains this information: Full name and sex date and place of birth registration date & number, and date issued. (b) The long form certificate contains all that information plus the names and birthplaces of both parents. (c) A certified copy of a birth record contains all the information in (b) plus additional details (for example, the name of the person who assisted at the birth, birth weight, etc.). To get a Birth Certificate, you must know: the person's full name; place and date of birth; their father's full name and birthplace; and their mother's given and maiden names and birthplace. If your original birth record contains any French characters or symbols on the registered names, please make sure they are clearly displayed on your birth certificate application form. Who qualifies to apply for a Birth Certificate: Birth Certificates May be released to: a) You, if the record pertains to your own birth; b) Parents of a child; c) A lawyer who specifically indicates they are working on behalf of "a" or "b" above, or a person on the written authorization of "a" or "b" above; d) The executor/executrix or trustee of an estate; or e) Guardian (copy of guardianship papers must be attached to this application).
Legislative Authority:
	Vital Statistics Act, Revised Statutes of Nova Scotia, 1989, Chapter 494

Last Updated: April 2015

Back to the Vital Statistics

https://www.novascotia.ca/sns/paal/vstat/paal305.asp

------

Services

Alcohol and Gaming

Apply for licenses for liquor, gaming, theatres and amusement activities in the province.
Dartmouth - Burnside Sydney
Toll-Free: 1-877-565-0556
Back to top

Business Licensing

Apply for business registration and permits for starting or operating a business in Nova Scotia.
Amherst Antigonish Bridgewater Dartmouth - Access NS Halifax - Access NS Kentville Lower Sackville Port Hawkesbury Stellarton Sydney Truro Yarmouth
Toll-Free: 1-800-670-4357
Back to top

Consumer Complaints

Drop off consumer complaint forms.
Amherst Antigonish Bridgewater Dartmouth - Access NS Halifax - Access NS Kentville Lower Sackville Port Hawkesbury Stellarton Sydney Truro Yarmouth
Toll-Free: 1-800-670-4357
Back to top

Debtor Assistance

Drop off applications for debtor assistance. Meet with a licensed Administrator (by appointment), who will review your situation and discuss with you, what options are available to you at no charge.
Amherst Bridgewater Dartmouth - Access NS Halifax - Access NS Kentville Lower Sackville Port Hawkesbury Saulnierville Truro Yarmouth
Toll-Free: 1-800-670-4357
Back to top

Driver Examination & Testing

Take a written learners tests (with a receipt) as well as road tests (by appointment).
Amherst Antigonish Baddeck Barrington Passage Bridgewater Canso Cheticamp Dartmouth - Access NS Digby Glace Bay Halifax - Access NS Ingonish Inverness Kentville Liverpool Lower Sackville Middleton North Sydney Port Hawkesbury Saulnierville Sheet Harbour Shelburne Springhill Stellarton Sydney Truro Windsor Yarmouth
Toll-Free: 1-800-898-7668
Back to top

Land Registration Offices

Request information on land or property in Nova Scotia.
Amherst Baddeck Bridgewater Dartmouth - Burnside Lawrencetown Sydney
Back to top

Registry of Joint Stock Companies

Request name search, submit name reservation requests and business registrations.
Amherst Antigonish Bridgewater Dartmouth - Access NS Halifax - Access NS Halifax - Maritime Center Kentville Lower Sackville Port Hawkesbury Stellarton Sydney Truro Yarmouth
Toll-Free: 1-800-670-4357
Back to top

Registry of Motor Vehicles

Driver's licenses and renewals. Nova Scotia ID cards, Plate renewals, vehicle transfers.
Amherst Antigonish Bridgewater Dartmouth - Access NS Halifax - Access NS Kentville Lower Sackville Port Hawkesbury Stellarton Sydney Truro Yarmouth Windsor Shelburne Sheet Harbour Baddeck Digby Guysborough Liverpool Middleton
Toll-Free: 1-800-898-7668
Back to top

Residential Tenancies

Apply for fee waivers, rent increases, reviews and other landlord and tenant services.
Yarmouth Truro Sydney Stellarton Port Hawkesbury Lower Sackville Kentville Halifax - Access NS Dartmouth - Access NS Bridgewater Antigonish Amherst
Back to top

Tax Commission

The Provincial Tax Commission administers the Revenue Act and Regulations and the Sales Tax Act and Regulations.
Halifax - Maritime Center
Toll-Free: 1-800-565-2336
Back to top

Vital Statistics

Apply for a birth, marriage or death certificates.
Amherst Antigonish Bridgewater Dartmouth - Access NS Halifax - Access NS Kentville Lower Sackville Port Hawkesbury Stellarton Sydney Truro Yarmouth
Toll-Free: 1-877-848-2578
Back to top

http://www.novascotia.ca/sns/access/locations/services.asp

------

Court Forms & Fees

Interactive Court Forms

Click here to link to Small Claims Court forms.
Click here to link to Family Law Court forms

Interjurisdictional Support Orders (ISO) Act Forms

Click here to link to Interjurisdictional Support Orders (ISO) Act
Click here for Interjurisdictional Support Orders (ISO) forms

Secure Forms

Click here to link to the secure forms site. This link is for Department of Justice staff and other justice system officials to access forms used in the administration of justice. Access to these forms is password protected.

Victim Services Forms

Click here to access the Victim Series Forms

Court Costs and Fees

Click here for information about court fees.
See also the Costs and Fees Act and Regulations.

More Province of Nova Scotia

Government

Services

Nova Scotia Life

Stay Informed

Contact

Connect

http://novascotia.ca/just/Court_Services/forms.asp

----------

Links & Resources

Resources & Reports

Nova Scotia Provincial Judges' Salaries and Benefits Tribunal, Report and Recommendations for the Period April 1, 2011 to March 31, 2014 (PDF)

More Province of Nova Scotia

Government

Services

Nova Scotia Life

Stay Informed

Contact

Connect

http://novascotia.ca/just/Court_Services/links.asp

-----------------

ANNE MURRAY- 1983 - A Little Good News - no more fighting Ireland or Lebanon .... let's have some good news

https://www.youtube.com/watch?v=zqUUQElQ8kM

Tuesday, April 26, 2016

Making a Will

----------------

Power of Attorney

----------------------

BLOGGED:

------------

blogged:

-----------

BLOGGED:

---------------

---------------

-------------

1. Nova Scotia Legal Aid

o Contact Us

o Getting Legal Aid

o How to Apply

o Online Applications

o Do I Qualify

o What If Service is Denied

-----------------

-------------

WHO CAN CERTIFY A TRUE COPY....

What is a Certified Copy?

What is a Certified Translation?

Who can certify a copy?

How to make sure a copy is certified

Who can certify copies for applications sent to CIC?

Who can certify copies for CIC applications outside of Canada

-----------

Nova Scotia Commissioners of Oaths

Commissioners of Oaths

More information

Inquiries

1. Canadian Elder Law Power of Attorney Summary

· HTMLFull Document: Canada Evidence Act

Justices of the Peace in Nova Scotia

Services

Nova Scotia Life

Stay Informed

Contact

Connect

Services

Alcohol and Gaming

Business Licensing

Consumer Complaints

Debtor Assistance

Driver Examination & Testing

Land Registration Offices

Registry of Joint Stock Companies

Registry of Motor Vehicles

Residential Tenancies

Tax Commission

Vital Statistics

Court Forms & Fees

Interactive Court Forms

Interjurisdictional Support Orders (ISO) Act Forms

Secure Forms

Victim Services Forms

Court Costs and Fees

More Province of Nova Scotia

Government

Services

Nova Scotia Life

Stay Informed

Contact

Connect

Links & Resources

Resources & Reports

Links

More Province of Nova Scotia

Government

Services

Nova Scotia Life

Stay Informed

Contact

Connect

No comments:

Post a Comment