Nova Scotia Law Reform Institute Discussion Paper on Intestate Succession Act

The Access to Justice & Law Reform Institute of Nova Scotia has published a discussion paper on the province's Intestate Succession Act:

"This Discussion Paper considers how a deceased person’s real and personal property should be disposed of if they die without a will (otherwise known as intestacy). The Intestate Succession Act RSNS 1989, c 236 governs the disposition of these estates in Nova Scotia. While it’s underlying function remains valid, the Act no longer reflects the legal, social, and economic landscape faced by Nova Scotians today. Reforms are needed to align the law with the modern Canadian family, harmonize it with other relevant statutes, and enhance the ability of Nova Scotians to access justice (...) "

"The Discussion Paper seeks input on the following proposals to enhance individual autonomy and address the root causes of intestacy:

• The public should be given easily accessible information on intestacy. Public legal education on the reformed Intestate Succession Act should be available to ensure Nova Scotians understand how intestate property is distributed. Updated, easy-to-understand manuals should be available to persons who are administering an intestate estate without legal representation.
• The public should have greater access to will drafting services for persons who wish to create a will but cannot afford to hire a lawyer.
• Lawyers should be provided with information and materials on how to support capacity when providing wills services for persons who may face challenges in their mental capacity.
• A simplified procedure for estates valued at $50,000 or less should be available to administer modest intestate estates."

The Institute is funded by the Government of Nova Scotia, the Government of Canada, and by the Law Foundation of Nova Scotia with in kind support from the Nova Scotia Barristers’ Society and Dalhousie University.