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It can be challenging around Christmas and New Year to find timely legal assistance with time-sensitive matters like real estate purchases and sales. Our two downtown Ladysmith offices will have the following hours.

Buying or selling a home in BC? Consult a real estate lawyer at the beginning of the process, Robson, O'Connor LLP in Ladysmith can help.

A large number of the folks we advise first walk in the door wanting to talk about “having a trust,” “making a trust,” “using a trust,” or having an “in-trust account.” In our experience, very few people arrive with much of an idea of what a trust actually is or the basics of how a trust operates. Fortunately, we enjoy explaining such things.

Paul Nettleton and Kiersten Alteen of Robson O'Connor LLP were presented with an award from First Canadian Title (FCT), the primary national company responsible for Title Insurance for Real Estate purchases and mortgages.

Sometimes, one wants to leave an inheritance to a beneficiary, but the beneficiary is not a person to whom large sums of money or valuable assets can be safely given. In a previous article, we discussed using discretionary trusts to provide for someone with a disability who might lose their disability benefits if they inherit too much. This article will discuss a distinct but similar question: How can I leave an inheritance for someone who cannot manage money?

Estate planning involves myriad decisions. One set of these is a critical collection of decisions relating to the possibility of naming one’s adult children as beneficiaries or contingent beneficiaries of assets like Registered Retirement Savings Plans (RRSPs), Tax-Free Savings Accounts (TFSAs), and life insurance policies.

Without a will specifying that assets destined for minors are to be held in trust for those minors until they reach the age of majority, the personal representative of a deceased’s estate may be obliged to pay the shares of the estate due to those minors to an entity known as the Public Guardian and Trustee.

Losing a loved one is a challenging experience, and dealing with the legal matters of their estate can add an additional layer of complexity. In British Columbia, when someone passes away, the process of administering their estate usually involves obtaining a document known as a "Grant of Probate."

One of the many services that our office offers in a Real Estate context is the review of your Contract of Purchase and Sale prior to signing off.

Nearly every day, our clients pass along estate planning suggestions they have been offered by well-meaning bank staff, friends, neighbours, and the lovely gentleman who takes great care of the lawn.

Trustworthiness and competence are the two most important criteria when deciding whom to appoint as one’s attorney in one’s power of attorney for financial and legal affairs.

The first-time home buyers’ program reduces or eliminates the amount of property transfer tax you pay when you purchase your first home. If you qualify for the program, you may be eligible for either a full or partial exemption from the tax.

We frequently encounter folks who wish to appoint a US citizen or a US resident as attorney under their power of attorney. Often folks wish to appoint a child who has moved to the US for work, or a spouse, sibling, or friend who lives in Canada but is a dual citizen.

What makes a will valid in British Columbia? What makes an amendment to a will valid?

We often hear some variation of the following: “I have a simple life and I want a simple will. Why are you asking for detailed information about my house(s), bank accounts, investments, life insurance, etc.?” In today’s post, we will provide a brief overview of why such information is so important for a lawyer asked to draft someone’s will.

In part 2, e focus on the related topic of will variation claims, a matter that should be of serious concern for anyone living in a blended family.

Families in which one or both spouses have children from a previous relationship, known as blended families, present some particularly tricky challenges when it comes to estate planning.

This is a question we are asked regularly, usually by a relative of a deceased individual who does not have a will. This month we will explain some of the basics of the laws in British Columbia relating to dying without a will, also known as “intestacy” or “dying intestate”.

Sometimes, an executor dies after beginning, but before completing, administration of an estate. Then, the question arises: who is responsible for completing the administration of the estate? Usually, this question is answered by the provisions of one’s will specifying alternate executors. On occasion though, either a will’s drafting does not address this possibility, or despite providing for several alternative executors, none of the named alternate executors are willing or able to take on the role.

When one is appointed as an attorney under a power of attorney document that has been put in place by another individual (the “donor”) and acts as an attorney for the donor, one is acting as a fiduciary in relation to the donor. This means that one is subject to the associated duties, restrictions, and potential liabilities of a fiduciary.

For hundreds of years in common-law jurisdictions around the world, a will-maker has been required to sign their will in the physical presence of the witnesses and the witnesses have been required to sign the will in the presence of the will-maker. Similar requirements have generally been applicable to the execution of Powers of Attorney and documents that allow one to appoint someone to make health and personal care decisions (a “Representation Agreement” in BC).

As we roll into Phase 2 of BC’s Restart Plan many employers in BC are looking to open their doors again and bring staff back to the workplace. Before doing so, employers should make sure they are aware of, and have a plan for, how to meet new health and safety requirements that have been…

The British Columbia Business Corporations Act will soon require private BC companies to create and maintain a “Transparency Register”. A company’s Transparency Register must be kept within that company’s records book and must list information about “significant individuals”. As a result of COVID-19, the deadline for having a Transparency Register in place has been extended…

Over the past few years, various levels of government have introduced a variety of information collecting mechanisms in an effort to improve transparency surrounding property ownership and fight financial crime. This month we will discuss some relatively recent changes to the reporting required under the Property Transfer Tax Act (the “Act”). When an interest in…

Often people focus on who will be in charge of their estate and who will benefit from it when planning for their eventual passing. Certainly, these are important issues and putting a will in place to address these issues is a vital part of most estate plans, but there are additional steps that can be…

Last month we explained that the decision to act as an executor is not one to be taken lightly – it is a role that comes with significant duties and exposure to risk. We had initially intended to discuss the duties of an executor in this month’s post, but a recent question inspired us to…

One of the first things on the minds of many potential executors or administrators of an estate (also known as the “personal representative” of the estate) is what to do about creditors. People often die with, for example, a mortgage or credit card debt. As we discussed last month, the initial duties of a personal…

In British Columbia, if a person over the age of 18 is living with a severe mental or physical impairment, they may qualify for financial assistance under the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, C. 41 (the “Act”). For an individual to qualify, a Medical Professional must provide an opinion that…

The Government of Canada strongly recommends that children (people under the age of 19 in British Columbia) carry a consent letter from their parents or guardians if travelling outside of Canada alone or without all their parents and legal guardians. The purpose of such a letter is to provide evidence that the child has permission…

The Trustee Act requires that an executor or administrator of an estate (also known as the “personal representative” of an estate) must provide an accounting of the estate to the beneficiaries (and any unsatisfied creditors) within two years from the date the Grant of Probate or Administration (the “Grant”) was issued. Before distributing estate assets,…

The Wills Estates and Succession Act (“WESA“) prohibits the executor or administrator of an estate (known generally as the “personal representative” of an estate) from making a distribution from the estate to any beneficiaries until after 210 days have expired from the date the Grant of Probate or Administration is issued. A distribution may be…

Duty to Avoid Conflict of Interest There is a general prohibition against an executor or administrator of an estate (known generally as the “personal representative” of an estate) acting in a situation in which there is a conflict between the personal representative’s interests and the interests of some of the beneficiaries of the estate. It…

Last month, we discussed some of the considerations that the executor or administrator of an estate (also known as the “personal representative” of the estate) must attend to in dealing with creditors of the estate. This month we will focus on a related topic – dealing with taxes on behalf of a deceased person’s estate.…

When the time comes to decide whether to act as executor or administrator of an estate, it is important to have a sense of where to start. This month we provide a listing of some of the typical initial duties a personal representative of an estate should attend to at the outset of their involvement…

We are going to start off by beginning a series of posts about what being an executor or administrator of an estate entails. Terminology First, we should begin with a bit of terminology. If one is named in someone’s Will as an executor one is referred to as an executor. If one is not named…

It is not uncommon for people to ask us about will kits. While some people can purchase and use these kits without it causing a problem down the road, doing so is often a risky business. Provincial Rules Apply Firstly, it is very important to ensure that a will and the circumstances of its witnessing…

Thinking of adding someone other than your spouse’s name onto your house, vehicle, bank account, or other major asset? Plan for the principle of resulting trust first! It is not uncommon for a parent, particularly if their spouse has died, to consider adding their adult child’s name on title to their house or to their…

People frequently come to us and say, I just want a simple will”. They then inform us of their circumstances and intentions. In a great many cases, there are several elements that cry out for estate planning that goes beyond a “simple will”. For blended families (couples in which one or both has children from…

In most cases, regardless of whether one’s business is a sole proprietorship, partnership, or corporation, one’s business’s name must be registered with BC Registry Services to conduct business in British Columbia. There are some exceptions. For example, sole proprietors doing business under their own name need not reserve a name; but generally, reserving a business…

Last month we discussed the risks of using a bank draft to send money by mail or courier, namely, what can happen if a bank draft is lost in transit. This month, we will be addressing a different wrinkle relating to bank drafts – crossing the border. As reported by CBC in July of this…

Banks often portray bank drafts as a safe and convenient way to move large sums of money. What is frequently left out of the conversation is what will happen if the bank draft gets lost before being cashed. To see how important this can be, one need only look to the plight of Ms. Lorette…

You may have heard in the news that Vancouver has recently stopped accepting paper applications for the BC Homeowner Grant, moving instead to an online-only application process. This has caused concern that some people in the region lack either a computer with internet access or the computer literacy to easily complete the online application.[1] Here,…

It is unfortunately common for people, particularly young adults, to neglect putting in place estate and incapacity planning documents. As we have discussed in a previous post, most adults would be well advised to put an enduring power of attorney in place. Not having one can have unfortunate and expensive consequences.  Today however, we will…

If you live in British Columbia and you own a pet, you may wish to consider making specific arrangements to provide for your non-human family members upon your passing. Despite how much we pet loving folks care about our pets and consider them to be part of our family, they are considered our property as…

472 Trans-Canada Highway, Duncan We have opened a new office in Duncan to better serve that region at mid-Vancouver Island. Located inside the RE/MAX of Duncan office, for real estate transactions, transfers, mortgages/refinances, purchase and sale transactions, please call 250-597-0464.

There are two distinct ways in which one can own property with another person: tenancy in common; or joint tenancy. The main difference between the two can be explained by imagining two people, Person A and Person B, who want to own a piece of property (P) together. If A and B hold Property P…

In BC a person may be involuntarily admitted to a psychiatric facility under the Mental Health Act (“MHA”), and treated without any need to obtain consent, if a doctor is of the opinion that the person “has a disorder of the mind that requires treatment and seriously impairs the person’s ability to react appropriately to…

In B.C., if health and personal care decisions need to be made on your behalf and you do not have (or have the capacity to create) a Section 7 or Section 9 representation agreement, determinations about who can make such decisions will (with some exceptions) be governed by the Health Care (Consent) and Care Facility…

In British Columbia, if one has become incapable of making one’s own health or personal care decisions but still wishes to appoint someone to make such decisions on one’s behalf, one may be able do so by creating a representation agreement in accordance with Section 7 of the Representation Agreement Act (a “Section 7 RA”).…

In British Columbia, if you wish to appoint someone to make health and personal care decisions on your behalf in the event you become incapable of doing so, you may make a representation agreement in accordance with Section 9 of the Representation Agreement Act (a “Section 9 RA”). A Section 9 RA allows you to…

In British Columbia, you can appoint someone with the authority to make health and personal care decisions for you in the event that you are unable to do so. You can do this by creating a document known as a representation agreement.   A representation agreement (“RA”) allows you to explicitly grant this authority to…

A power of attorney is a document that allows one to appoint someone else to manage one’s financial and legal affairs if one becomes incapable. Having a valid power of attorney is a critical component of the plan for what happens if one loses capacity.

People often intend to create or update their will but put it off. This can be risky. Clearly, there is the possibility that one might pass away unexpectedly without creating or updating one’s will. This is not, however, the only risk. There is also the risk that one might lose the capacity to create or…

Did you know that CMHC has important information for the home buyer which includes mortgage insurance details and much more? This includes: Step 1: Is Homeownership Right for You? Step 2: Are You Financially Ready? Step 3: Which Home is Right for You? Step 4: The Buying Process Step 5: Now That You’re a Homeowner…

  Did you know that an important part of calculating closing costs when acquiring an interest in real property, is to understand and allow for Property Transfer Tax? When you purchase or gain an interest in property that is registered at the Land Title Office, you’re responsible for paying property transfer tax. Taxable transactions include:…

In this day and age of electronic storage of documents, there are still certain documents the need to be kept in their paper form. Your will and power of attorney are documents that need to be produced in their original form in order to be recognized.   Accordingly, they should be stored by you safely.…

The simplest way to dispose of your assets on your death is to gift them to whom you wish to have them before you die. We have all made gifts in our life-birthdays, Christmas, weddings-so we all know what a gift is; it is an unconditional transfer of property to another. As we get in…

The choice between buying a home and renting one is among the biggest financial decisions that many adults make. But the costs of buying are more varied and complicated than for renting, making it hard to tell which is a better deal. To help you answer this question, these excellent interactive calculators take the most…

Most people have heard the term “probate” before, but may not have a clear understanding as to what probating a will entails. When a will maker dies with a will and the estate owns assets that require probate in order to be transferred, an order of the court must be obtained. This order is commonly…

The legal profession in Canada is independent from the state. Each Province has jurisdiction to to enact laws that have has their purpose, the creation of a society that governs the legal profession. In British Columbia The Law Society Of British Columbia is the governing society. The Law Society is overseen by a board of…

I am by no means a scholar, but my practice of law for over 30 years has given me a keen appreciation of how societies that are governed by the rule of law operate. We are fortunate to live in a country where our basic freedoms and rights are protected by law. The law is…

Our name is the most important manner in which we identify ourselves to others, be they government departments, financial institutions, health care providers, or just casual acquaintances. There is a lot that rides on our name, and consequently using alternate variations of a name for different purposes can create confusion and delay. . . .…

Paul Nettleton is our real estate Conveyance Lawyer who is available to assist you with the purchase or sale of your home. If you are a buyer, you will want his services which include: Drafting Reviewing Generally assisting with the Contract of Purchase and Sale For most people, this is the single largest purchase they…

Let’s face it, having a Will prepared is not necessarily a priority item for most people under 65. When we are younger, death seems a far off notion that we spend little time thinking about. However, consider what the state your affairs would be in should you be in an accident or have a life…

BC Housing has a great program with government monies available for home improvements. Money is available for home improvements if you or a member of your family is having difficulty performing day-to-day activities independently and safely.  Typically seniors with mobility issues benefit from home improvements with government assistance. For homeowners For landlords and tenants List…

When asked about the title to their homes, most people will respond with the names of people with whom they share title. When asked if the people on title are on as joint tenants or tenants-in-common, they usually don’t know. Joint Tenancy When a property is held in joint tenancy, when one joint tenant dies,…

You original will is one of the most important documents you will ever create. It should be stored in a secure location that allows you and your executor access to it when required. Until you pass away you may wish that only you have access to the will in case you need to make changes…

Joint ventures, wholesaling and property management are just a few of the ways investors can profit from real estate, but it takes a little savvy to become successful in this competitive arena. While certain universities do offer coursework and programs that specifically benefit real estate investors, a degree is not necessarily a prerequisite to profitable…

If you have a dispute involving a potential claim of $25,000 or less, you can access the comprehensive and informative website for the Small Claims Court of British Columbia. Learn of the Court Processes, Forms and Rules, Locations, FAQ’s and more.

Here in British Columbia, Lawyers are both Notaries and Lawyers. That in practical terms means that lawyers can provide the services of a Notary and can provide additional legal services that a Notary cannot provide. Notaries do not represent clients in court and cannot get involved in litigation.  Lawyers may represent clients on all legal…

…that the Continuing Legal Education Society of British Columbia has developed a number of online products that are effectively meeting the needs of distance learners? Such products include: Live Webinars Scheduled rebroadcasts CLE-TV Self-paced eLearning Webinar Archive. Visit CLE BC online and explore areas of interest for yourself. Realtors, Conveyance staff, Mortgage Brokers to name…

Most people have heard the term power of attorney (POA) before but may not fully understand the use and intent of such a document. A power of attorney allows for the appointment of another person to manage your financial affairs on your behalf. Usually the power granted is broad and could encompass allowing someone to…

It’s important to be well-informed and well-prepared before you buy. Going about the home buying process carefully, asking the right questions and getting all the information you need can protect you as a consumer and result in a good decision for you and your family. This guide is designed to give you some of the…

This is an issue that you start to think about more often as you age, watch your children get married, have children, and as your own parent age and eventually pass. Your will can be the most important and far reaching document you will ever sign. But the larger issue is what is referred to…