Estate Planning Services

Planning for the future, and ultimately death, can be a complex and emotionally charged process. Estate planning involves important decisions about your assets, your loved ones and your legacy. Your estate plan can be as unique as you and should be carefully cultivated to reflect your values, passions, achievements and future wishes.

CMT Law helps clients navigate the tough questions that arise during the estate planning and strives to make the process as smooth and stress-free as possible and will walk you through every step of the process. We aim to give you peace of mind so that you can focus on enjoying the present without worrying about the future. Whether you are preparing your first estate plan or updating an existing one, we are here to guide you every step of the way.

It is important to conduct regular reviews of your estate plan in its entirety. These reviews are particularly important after major life changes, including cohabitation, marriage, separation, re-marriage, the death of a spouse, property acquisition, and the birth or adoption of a child.

Last Will and Testament (Will)

A Will is a document that allows you to indicate how you want your affairs to be managed and distributed after your death, who you want to benefit from your estate, how your children will be cared for, and more. Due to ever-changing life circumstances, it is important to keep your will up to date.

As the testator (will-maker) you may appoint a person in your Will to serve as the Personal Representative (Executor) of your estate upon your death. The Personal Representative will be responsible for various tasks, which may include but are not limited to: locating and collecting estate assets, notifying beneficiaries, distributing assets, administering the estate and obtaining Probate, if required.

In Nova Scotia, if you die without a Will (also known as dying “intestate”) the distribution of your Estate is governed by the Intestate Succession Act rather than by your wishes. If this happens, your property will be distributed to the people who the Act considers to be your nearest relatives including a spouse, children, or grandchildren. However, this can cause difficulties and may also lead to family members fighting over Estate administration or specific assets.

Enduring Power of Attorney (POA)

An Enduring Power of Attorney is a legal document that is crucial in ensuring that your property, legal interests and financial affairs are protected in the event that you become incapacitated and unable to make decisions on your own.

It is important to take particular care when deciding who to appoint as your Attorney. Your Attorney must be someone you trust not to abuse the authority and responsibility that comes with such appointment, and someone you trust to act in your best interests at all times. Your Attorney cannot, however, make testamentary dispositions on your behalf.

Personal Health Care Directive (PD)

A Personal Health Care Directive allows you to designate a person to act as your substitute medical decision maker if you become incapacitated and are unable to make personal care decisions on your own. Personal care decisions are defined in the Personal Directives Act to "include those related to health care, nutrition, hydration, shelter, residence, clothing, hygiene, safety, comfort, recreation, social activities and support services."

Your designated decision-maker will be responsible for critical choices about your health care and well-being. Within the document, you can outline principles or instructions about what or how personal care decisions should be made and identify what medical interventions, if any, you would like taken on your behalf.

If you become incapacitated and you do not have a Personal Directive, the Personal Directives Act provides a pre-determined hierarchy of statutory substitute decision markers to make decisions on your behalf regarding health care, home care and placement in continuing home care facilities. The Public Trustee is listed as the last substitute decision maker in this pre-determined hierarchy. Preparing a Personal Directive can ensure your wishes are followed while minimizing the potential risk of ambiguity and conflict .