Many clients are often confused by the numerous types of deeds available in Nova Scotia. Deeds are used to convey title to real property, and will describe the property conveyed, as well as the parties to the transaction.

A Warranty Deed is the deed most commonly employed for transactions between non-related third parties, used to assure the purchaser that the seller owns the property, has a good title to it, and confirms there are no encumbrances.

A Quit Claim Deed conveys only the title that the seller has, and can mean no title if the seller has no title. The recipient of a Quit Claim Deed needs to have legal counsel examine the title history behind it to determine why the seller has chosen this mode of conveyance.

Joint Tenancy is not presumed in Nova Scotia and arises only when specifically mentioned in the deed. It will mean the undivided interest held by the party who dies, passes directly to the other joint holder(s) automatically - this is commonly referred to as the right of survivorship.

Tenants in Common applies to two or more grantees who hold their undivided or divided ownership shares, without the right of survivorship. This is useful when you want the interest in property to go to your heirs rather than your partner on the title, e.g. two brothers who own a wood lot 50/50 may wish each share to go to their respective families on their respective deaths, rather than to each other.

Mr. Fownes has appeared in all levels of court in the Province of Nova Scotia and is currently involved in a case involving several important constitutional questions which is likely headed to the Supreme Court of Canada.

He is assisting American Counsel on several important cases which are nearing the trial stage in the corporate/commercial area and enjoys the comparative legal aspects of the two jurisdictions.

“What is “probate” and why do we need it?” These are other commonly asked questions, and this area of the law tends to cause a lot of apprehension. Apart from the legal fees for the services necessary in the probate process, the Government of Nova Scotia also has instituted probate taxes (they no longer call them fees, as the Supreme Court has ruled that a “fee” must be commensurate with the service provided...... and the service is not commensurate with the part of your estate that the Government wants when one applies for probate).

The term “Probate” comes from the same root “probation”, and means “a court procedure by which a will is proved to be valid and operable, and includes the management and supervision of all matters and proceedings pertaining to the administration of estates and guardianships”

Probate taxes in Nova Scotia are calculated as follows:

It follows therefore, that most estate planning attempts to minimize the taxes payable on death. A Joint tenancy deed between spouses for the matrimonial home passes the title to the survivor without the need for probate. Inheritance, in this case, is automatic without the imposition of any tax.

For advice as to your particular situation, we will be more than pleased to answer your questions and invite your enquiry.

There have been a number of recent changes to the Probate Act in Nova Scotia. It would be prudent to have your Will reviewed periodically [we recommend every five years or when there has been a change in your family circumstances or those around you] to be sure that you are taking advantage of these changes and are not adversely affected.

Fownes Law currently represents over 100 Companies as Legal Counsel and is available on a retainer basis for generalized advice.

Working with John M. Dillon, Q.C., we would be pleased to speak with you about our corporate services for purchases and sales of businesses anywhere in Nova Scotia.