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Election by Widow Regulations

made under Section 6 of the

Intestate Succession Act

R.S.N.S. 1989, c. 236

N.S. Reg. 75/77 (February 14, 1977)

 

1     In these regulations, “election” means an election by a widow pursuant to subsection (4) of Section 4 of the Intestate Succession Act.

 

2     Where a widow is entitled to fifty thousand dollars pursuant to subsection (2) of Section 4 of the Intestate Succession Act, and makes an election, the election shall be in Form A in the Schedule.

 

3     An election shall have no force or effect unless it is supported by two appraisals which shall be in Form B in the Schedule.

 

4     An election shall have the force and effect of a transfer and delivery of the intestate's home to his widow, when the election is filed in the court of probate for the county in which the home of the intestate is situate, and a copy of the election, certified as such by the registrar of probate for the said court of probate is recorded in the registry of deeds for the said county.

 

5     The fees prescribed in the Costs and Fees Act shall apply to the recording of documents pursuant to these regulations.

 

 

Form A

 

PROVINCE OF NOVA SCOTIA                   )

COUNTY OF                                                  )

 

IN THE MATTER OF THE INTESTATE SUCCESSION ACT

- and -

IN THE ESTATE OF __________________________________, DECEASED

 

I, ____________ , of ____________ in the County of ______________ solemnly declare that:

 

       1.      I am the (widow)(widower) of ________________ (insert name of deceased) who died at _______ in the County of ________ on the _____ day of _________, 19 ___.

 

       2.      To the best of my knowledge and belief the deceased died without leaving a will.

 

       3.      The address of the home owned and occupied by the deceased as principal residence at the date of death is ____________________ and is more particularly described in Schedule “A” attached hereto. (Schedule “A” should contain the Registry of Deeds description of the property, or if the property is under the Land Titles, a survey plan of the property showing its parcel index number.)

 

       4.      The value of the home, including land appurtenant thereto, and all household goods and furnishings thereof, owned by the deceased (except wearing apparel, provisions and other articles which are necessary for the reasonable sustenance of the deceased's dependants for ninety days after the death) is $____________ as appears from the appraisals of ____________ and ____________ attached hereto. (Two appraisals are required. The value may be determined by adding the two amounts in Section 3(d) of the appraisal forms, and dividing the result by 2.)

 

       5.      I elect, pursuant to S. 4(4) of the Intestate Succession Act, to receive the home:

 

                         (a)    in lieu of the $50,000.00 that I am entitled to receive, pursuant to S. 4(2) of the said Act; or

 

                         (b)    in the amount of its value as part of the $50,000.00 that I am entitled to receive, pursuant to S. 4(2) of the said Act;

 

(Delete (b) if the value of the home exceeds $50,000.00; delete (a) if the value of the home does not exceed $50,000.00)

 

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

 

 

Declared before me at      ,

in the County of

Province of Nova Scotia this

day of                      , 19


________________________________

(A Barrister, Commissioner or Notary

Public)

)

)

)

)

)

)

)

)




________________________________

 

 

Note:       The Regulations under the Intestate Succession Act provide that in order for this declaration to be effective to transfer the home of the deceased to the declarer, the declaration must be registered with and certified by the registrar of probate for the county in which the land is situate, and the certified declaration must be filed with the registrar of deeds for that county.

 

 

 

Form B

 

PROVINCE OF NOVA SCOTIA                   )

COUNTY OF                                                  )

 

IN THE MATTER OF THE INTESTATE SUCCESSION ACT

- and -

IN THE ESTATE OF _________________________________ , DECEASED

 

Appraisal

 

I, _____________ , of ____________ in the County of make oath and say as follows:

 

       1.      That my occupation is ___________________________ .

 

       2.      That I have no interest in the real or personal property of the deceased.

 

       3.      (a)    That I appraise the fair market value of the home of the deceased and land appurtenant thereto situate at ___________ at $ _______ 

 

                (b)    That I appraise the fair market value of the household goods and furnishings of the said home (except wearing apparel, provisions and other articles which are necessary for the reasonable sustenance of the deceased's dependants for ninety days after death) at $ _____

 

                (c)    That the charges attaching to the home are (here list such charges as a mortgage, lien, judgment, betterment charge and real property taxes)            

 

                (d)    That the value of the said home for purposes of the Intestate Succession Act is $ ____________ [add (a) & (b) and subtract (c)].

 

       4.      That the above is to the best of my knowledge, information and belief a true and impartial appraisal of the home and furnishings of the deceased at the time of death.

 

Sworn before me at ,

in the County of

Province of Nova Scotia this

day of                      , 19


________________________________

(A Barrister, Commissioner or Notary

Public)

)

)

)

)

)

)

)

)




________________________________

 

Note:       The appraised amount of the home, and land appurtenant thereto, may be the same as the amount for purposes of the Probate Act, or the Succession Duties Act, where applicable. Where the estate is not probated and succession duties do not apply, the appraisal may be made in consultation with the provincial assessor for the county in which the land is situate.