Buying a home is exciting; however, it is a complex process that can become very complicated if not done right. When preparing to purchase or sell a property, whether a house or a condominium, you should consider hiring a conveyancing lawyer. In real estate, conveyancing refers to the process of transferring property ownership from one owner to another.

Roles of a conveyancing lawyer

A conveyancing lawyer specializes in property purchase and sale transactions. They help to ensure that the process goes through legally and smoothly. There are four ways in which they can assist you:

Acting as a legal representative

One of a conveyancing lawyer’s roles is to act as a legal representative for the parties involved in the purchase or sale. They operate in the best interests of their clients and ensure due diligence is conducted on behalf of their clients. The due diligence process involves making the necessary checks such as reviewing a title search for liens, mortgages or other encumbrances and advising clients on how best to handle any issues arise that could affect the transaction, such as outstanding taxes, damage to the home, or liens on the property.

Giving legal advice

During a transaction such as a property purchase, lawyers can also provide legal advice specific to the client’s needs. The advice they provide helps buyers and sellers make informed decisions during the process. For example, it’s always a good idea for a lawyer to review and consult with you on your purchase and sale contract before signing off on it.

Preparing legal documents

Purchasing or selling a property is a complex transaction and requires the legal drafting of documents. Conveyancing lawyers prepare all the legal documents that are pertinent to the transfer of the property. They also compile all necessary records for the smooth transfer of ownership. These documents may include purchase and sale contracts, property transfer tax returns, property tax receipts and adjustments, title search, surveys, and renovation contracts. They also work with the counterparty’s representative to promptly register the required documents with the Land Title Office and ensure that sale proceeds are delivered, so that the closing process can proceed as planned.

Handling post-closing matters

Conveyancing lawyers can also sort out the property transfer matters and iron out the final details after completion. These details may include conducting a post-registration title search, paying the necessary strata arrears or holdbacks, and keeping track that the seller pays and discharges the remaining charges and mortgage on the property.

Benefits of hiring a conveyancing lawyer

1. Reducing stress
Although you can do your own research on the basics of buying or selling a property, some aspects may be confusing. Inexperience with such a complex process can cause stress, and a conveyancing lawyer is able to help by providing invaluable knowledge and expertise. Although some people prefer to transfer a property through private sale, the process usually still requires the preparation of legal documents and witnessing of document-signing by a lawyer or a notary public.

2. Simplifying the process
Conveyancing lawyers are familiar with the legalities of buying and selling property, which means they can navigate the process effectively. Experience allows them to complete the transactions and facilitate the transfer of ownership smoothly, making the interaction easier for both buyers and sellers.

3. Saving time and money
If you are unfamiliar with buying and selling property, you may find researching the legalities of property transfers cumbersome and confusing. You may also make costly mistakes. Conveyancing lawyers have accumulated expertise and knowledge to help buyers and sellers save both time and money.

4. Purchasing property in Metro Vancouver
If you’re looking for a real estate lawyer to help you with your property transaction, contact Bernard Lau and Co. We are a boutique firm specializing in real estate and conveyancing matters. Our experienced team is committed to providing clients with the best legal representation available.

We understand that legal issues may arise during the property-transfer process, and our team is equipped to handle these situations effectively. Our services include purchases and sales, title searches, mortgages and refinancing, title examinations, property lien removal, and real estate disputes and litigation.

Call us at 604-285-5240 or visit our website to schedule a consultation today. Let us help you achieve your dream of property ownership.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Notarization is the process of verifying and witnessing the identity of an individual signing a document. This process helps ensure that a signature purporting to be from a particular person is authentic and can be trusted. A notary public oversees the proceedings, including verifying ID, confirming the signing party’s capacity and understanding of the document, and ultimately, witnessing the signing of documents. Remember, all lawyers are also notaries public, but not all lawyers offer notarization services.

There are various categories of documents that can be notarized, from personal planning documents to legal documentation.

Here is a shortlist of some documents that can be notarized:

• Passport application documents
• Travel letters for minors
• ICBC or other insurance loss declarations
• Execution or authentication of international documents
• Sponsorship letters
• Statutory declarations
• Government application forms
• Bank declaration forms

Copy certification

Certified copies are verified by a notary public that they are exact replicas of the original document. Almost any document can be certified-copied, including passports, marriage licenses, driver’s licenses, social security cards, birth certificates and medical records. The person in possession of the original document must present it to the notary, who will make a copy of it then place their stamp on it certifying it as a certified copy.

The process of notarization

The process of notarizing involves witnessing the signing of important documents, verifying the identity of the signers and their willingness to sign, their awareness of the contents of the documents and their ability to sign. Let’s take a look at the process.

Identity verification

All parties must have their identity verified by the notary. You must present an original piece of a government-issued photo ID and preferably an additional piece of ID.

Willingness of signers

Once the identity of all parties is verified, the notary public establishes each person’s willingness to sign the documents. On observing the signing of the documents, the notary public will look for any signs of pressure or undue influence. If the notary believes that one party is being forced to sign the presented documents, they will not sign off as witnesses.

Capability to decide and sign documents

Your notary public ensures that you understand what you are signing. In addition, your notary ensures you can confirm what you are signing.

Do you have documents to be notarized? At Bernard Lau & Co., we can assist you with the notarization of English and Chinese documents for use overseas or locally.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

If you are facing a legal problem that is headed to court, you will need to hire a trial lawyer. And if you want to ensure the best possible outcome, you must find the right one for your case.

Good trial lawyers possess certain traits and skills that set them above the rest. Before you hire a trial lawyer, do your due diligence to ensure that they have:

Years of experience

Look for a trial lawyer with years of experience in an area of specialization that would be helpful to your case. For instance, if you have tax issues, you’ll need a tax lawyer instead of an entertainment lawyer.

The lawyer also should have some courtroom experience and an appreciation for rehearsing and preparing for trial. The members of the jury will be annoyed if your lawyer has to be shuffling through their notes or if they present documents that are illegible or difficult to decipher.

Excellent negotiating skills

A trial can be a long and expensive process, so the goal is to avoid taking your case to court. As a good negotiator, your trial lawyer’s first step might be to attempt to settle so that you don’t have to see the courtroom.

At times there might still be a need to negotiate a settlement, even after your case has gone to trial.

Trial skills

If negotiations aren’t successful, your trial lawyer will need to defend your interests in court. A well-versed litigator will know how to conduct cross-examinations, present proof to a judge or jury and masterfully argue your case.

Impressive storytelling skills

A good lawyer understands that simplifying the facts will help make the story come to life for the jury. They will present your case while maintaining a consistent and powerful story theme throughout the trial.

Social and personal skills

A good trial lawyer knows how to strike a balance between mounting a vigorous defence and having a pleasant demeanour. If your lawyer is too confrontational, the jury may find them to be unlikeable, and witnesses may be uncooperative. If they’re too nice, you may end up with an unfavourable outcome.

Excellent writing abilities

The art of persuasion comes in handy when presenting clear and concise documents to the judge. You’ll need a trial lawyer who can write with conviction and convey legal concepts clearly on paper. This skill will go a long way in persuading a judge to rule in your favour.

Trial lawyer in Richmond

Are you looking for a good trial lawyer in Richmond, BC? Then look no further than Bernard Lau and Co. Law Corporation.

At Bernard Lau and Co., we use all of the legal tools at our disposal to resolve disputes effectively and in a cost-efficient manner. You can rest assured that we have your best interests at heart, and our experienced Richmond trial lawyer is prepared to advocate fearlessly on your behalf in court.

Give us a call today to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

An estate comprises all the assets a person owns at his or her death, less any liabilities. An estate can include money, property, stocks and shares. Through a will, an estate owner establishes who will benefit from his or her estate upon death. Individuals who benefit from a person’s estate are called estate beneficiaries.

Rights of an estate beneficiary

As an estate beneficiary, you are entitled to certain rights, as follows:

The right to be notified that you stand to inherit from an estate

Estate beneficiaries have a right to receive the property bequeathed to them. Executors, the individuals responsible for administering an estate, are required to notify beneficiaries within a reasonable time that they have inherited from an estate.

The right to be apprised of the inheritance value

Estate beneficiaries also have the right to be informed of the value of their inheritance. However, before a beneficiary is issued his or her portion of an estate, the will must be probated. Upon probate of the will, the value of the inheritance may be affected by any liabilities on the estate. Depending on the amount of liability, a beneficiary may lose part or all of his or her inheritance.

The right to be apprised of proceedings of administration

Beneficiaries have the right to be apprised of what is happening in the administration of the estate. For instance, whether there are issues that might delay settling the estate.

The right to receive your inheritance promptly

As a beneficiary, you have a right to the timely receipt of your inheritance. Legally, executors are allowed one year within which to settle an estate and transfer assets to beneficiaries. After that, a beneficiary can compel an executor to settle the estate or petition the court to remove the executor. You must note, however, that the process to settle an estate is a lengthy one. Depending on the complexity of the estate, the process can sometimes take more than the allotted year.

The right to access the estate’s accounting details

Beneficiaries have the right to an accurate, detailed account of the estate’s activities, including incomes, expenditures and disbursements, in a reasonable time frame. A beneficiary can resort to the courts if he or she is in disagreement with the accounting by the executor.

The right to an executor who acts in the beneficiary’s best interest

Beneficiaries have the right to have an executor act in their best interest. If a beneficiary is unhappy with how an executor handles the administration of an estate, he or she can petition the courts to have the executor removed and a new one appointed. The removal of an executor must be justified. Justifiable circumstances include:

• Breach of fiduciary duty
• Death
• Illness
• Estate theft
• Failure to manage the estate

Do you require the services of a wills and estates lawyer in Richmond?

If you are an estate beneficiary and require the services of a wills and estates lawyer, contact us at Bernard Lau and Co. Law Corporation. Our experienced Richmond wills and estates lawyer is available to provide legal advice on any issue concerning your case.

Call us today to schedule a consultation.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Real estate conveyancing involves the legal transfer of the ownership of a property from one party to another. If you are buying, selling or refinancing a property in Richmond, British Colombia, having an experienced conveyancing lawyer will help to make the process run smoothly.

The financial institution and the realtor

Early on in the transaction when obtaining a loan to buy a property, you will likely meet with your lender or mortgage broker to determine the amount of money you will be qualified to borrow. In selecting a property, your realtor plays an equally important role in guiding you on the best price for which to sell or buy the property.

Once your realtor has found a property for you to purchase, or an ideal buyer for a home you are trying to sell, a purchase contract will be drafted. It will include the property details, price, and transaction dates for all parties involved in the purchase, along with other terms and conditions or even subject clauses.

Buyers should be discussing the mortgage with the lender as soon as possible, preferably to obtain a mortgage commitment or pre-approval with the bank. This is a promise from the financial institution to lend money to the buyer for the purchase of the property as long as certain conditions are met.

Your conveyancing lawyer and the conveyancing process

Once your contract is binding and completed, you should forward the contract to your conveyancing lawyer. Your conveyancing lawyer will review it along with the title search to ensure that all legal requirements to effect the transfer are in order. This is known as the due diligence process. The title of the property is reviewed to confirm that its details and those of the registered owner are accurate. Your conveyancing lawyer will also ensure that all related financial and legal obligations are settled as part of the closing. These obligations may include removing liens, caveats, paying off property taxes, strata fees, mortgages, arrears and dealing with charges on the title. Your lawyer will also work with your lender to take care of any mortgages you may be getting or discharging as part of the transaction.

Once all the pre-transaction processes have been reviewed, the documents will be prepared for both the seller and the buyer to sign.

These documents are reviewed and explained and all questions addressed before the closing date or during the signing. After the documents are signed by both parties, they are again reviewed by their respective conveyancing lawyers. A title search is then conducted again right before the registration to ensure everything is acceptable for filing to the land title office.

When the mortgage funds are released by the financial institution and deposited to the buyer’s lawyer in trust on the completion date, the buyer’s lawyer will conduct a final check to ensure all documents required for registration are in place, before releasing the funds to the seller’s lawyer in trust to pay off the necessary charges or arrears as necessary. The keys to the property are then exchanged by the realtors on the agreed possession date set out in the Contract. Your conveyancing lawyer will prepare a final report on the transfer of the property and order a State of Title Certificate for purchasers which will be received approximately 4-8 weeks after closing.

Bernard Lau and Co. Law Corporation

Bernard Lau and Co. is a boutique law firm delivering efficient legal services.
The firm is equipped with a team of reputable, experienced and diverse legal professionals ready to guide you through your real estate conveyancing process. If you are seeking a law firm in Richmond, BC to assist you with your real estate transaction, please schedule an appointment or call us at 604-285-5240.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

The decision to select an executor for your will should not be taken lightly, as your executor will have to carry out many duties to administer your estate and work with your beneficiaries. Your executor may also be one of your beneficiaries. Selecting your executor gives you control over who manages your estate, rather than leaving that decision out of your hands. Ideally, your executor should not be much older than you (younger is best!) and should be reasonably healthy.

In many instances, but not all, one of those executor’s duties is probating the will, which is the formal process of the Court approving your will. The role also entails making funeral arrangements and ensuring that the estate expenses, including funeral costs are paid. For example, your executor will be tasked with ensuring your debts and any liabilities such as tax arrears are paid. Ultimately, after all the estate duties and liabilities are taken care of, your executor will see to it that your assets are distributed to your beneficiaries per the instructions set out in your will.

When deciding who you should appoint as your executor, you should consider a few things:

A trusted family member or friend

Do you have a close relative or friend who is honest, objective, and willing to carry out the aforementioned duties? You may consider appointing a trusted friend or family member as executor if you’re confident that he or she can remain fair, honest and diplomatic throughout the process. Spouses and children remain popular choices for executors as they know your situation best and maybe your most trusted individuals.

A professional executor

If you’re unable to identify a family member or friend who can act as an executor, then a professional executor can fill that role. This is especially if you foresee familial issues or if your estate is complex. A professional executor is an independent 3rd party with the necessary skill and experience to administer estates impartially, which can be important particularly if there is tension between your spouse and your children from a previous relationship or if you have an estate that you feel may be better handled by a professional executor. Keep in mind that professional executors may not be necessary in most cases, that they may not be as familiar with your personal situation, and that they do charge professional fees which will reduce the amount leftover for distribution to your beneficiaries. Research your professional executors carefully before you appoint one.

Having more than one executor

In some cases, you may wish to choose two people for the role to ensure some degree of oversight. There are some benefits but also drawbacks with having multiple executors, including the potential for disagreement and conflicts, so it’s best you speak with a wills and estates lawyer to advise you if this may be a good idea or not. Having a backup executor, however, is almost always a good idea.

Your location

Let’s say you’ve built a life for yourself in BC. It would be ideal for you to appoint an executor who lives in the same region as yourself. Administering the estate may require your executor to make frequent visits to properties, the lawyer’s office and also meeting with beneficiaries, which can be more expensive and time-consuming for the executor if he or she lives far away.

Someone who is financially literate

Your executor should have a general understanding of financial matters. He or she should also be able to identify and consult with the appropriate specialists for matters that require their expertise. For example, your executor may be required to prepare an accounting of your estates distribution (with the assistance of a probate lawyer) that outlines how your estate assets have been paid out, so a basic level of financial literacy would be helpful.

Wills and estates lawyer in Richmond

Life is filled with uncertainties, but it’s reassuring to know that with a proper estate plan, you can have control over some things, even after you’re gone.

This list of considerations is non-exhaustive, and each person’s estate is different. Nothing in this article constitutes legal advice, but general information only. We recommend that you seek independent legal advice from an experienced wills and estates lawyer to help you craft an estate plan that’s suitable for your situation. A simple will-kit that you download, purchase online or in a store may save you money in the short-term, but may not be appropriate for your situation, and can lead to costly errors or headaches that an experienced wills and estates lawyer could have corrected in the beginning.

If you need help with estate matters such as writing a will or advice relating to your estate plans including selecting an executor, contact us at Bernard Lau and Co. Law Corporation. Let our Richmond wills and estates lawyer help you get your affairs in order.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Civil litigation refers to instances where two or more people are involved in a non-criminal legal dispute, and generally speaking, one or both parties believe they are entitled to money or a specific relief that can be granted by the Court.

It can cover a wide variety of different cases, including everything from disputes involving the purchase and sale of real estate or other goods or services, debt collections and even human rights discrimination.

If you wish to file a lawsuit, you should consult a civil litigation lawyer first. A civil litigation lawyer will evaluate your case to determine whether it has a good chance of being successful, the benefits and risks of proceeding with the lawsuit, as well as propose creative, out-of-court solutions that may not require a full trial or even Court attendance.

Among the types of litigation cases that Bernard Lau and Co. primarily handle are:

Real estate disputes

Real estate disputes can include breaches of contract by buyers or sellers, co-ownership of property disputes, beneficial ownership disputes, liens and freezing of real estate assets and deposit forfeiture cases. A related subcategory can include realtor negligence or breach of fiduciary duties whereupon realtors may not have acted in the best interests of their clients and have resulted in monetary loss for their clients. Real estate disputes can be complex and the stakes can be quite high. Time is often of the essence and aggrieved parties are often best served if they are aware of their legal rights and remedies as early as possible so that they can immediately take action to preserve their rights against the subject property, often by deploying tactical tools such as a certificate of pending litigation or a caveat.

Defamation

Defamation involves the damaging of one’s reputation through false words either published in writing such as through internet postings, blogs or online reviews, or through traditional media. It can even occur via the spoken word if a 3rd party were present to overhear the defamation in question. Although monetary damages are typically sought, alternative solutions may involve issuing a cease-and-desist letter to limit the further dissemination of the defamatory message, the publishing of a formal retraction as well as the issuance of an apology by the offending party.

Choosing the right civil litigation lawyer

Although civil litigation lawyers can handle a range of matters, you may be best served to retain a lawyer who practices in exclusive practice areas. This is something you should consider when seeking to hire a lawyer for your particular case. The law office at Bernard Lau and Co. has extensive experience handling litigation matters particularly involving real estate disputes and defamation, including amassing years of trial and court experience from helping clients with problems such as yours. Our litigation cases have also attracted local and national media attention for their monetary and public interest significance. If you have a case matter and would like to see if our law office can assist you, please contact us at 604-285-5240.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

A power of attorney is a legal document that gives one or more persons (referred to as attorneys) the authority to manage your financial and legal matters, including your real estate properties on your behalf.

Having a power of attorney arrangement in place makes it clear who will be responsible for your money and property if you are unable to manage them on your own, even temporarily. This document is a critical part of personal planning because if you lose your mental capacity and do not have a valid power of attorney in place, another person may need to obtain authority from the Supreme Court to manage your affairs, which can be tedious and costly process.

A power of attorney also provides you with peace of mind as your attorney is mandated to manage your money and property for your benefit and can be required by law to account for how he or she has been handling your assets to ensure that your best interests are being looked after.

There are two commonly-seen types of powers of attorney: an ordinary power of attorney and the enduring power of attorney.

An ordinary powers of attorney

An ordinary power of attorney gives your attorney the authority to manage all or some of your finances and property only while you are still mentally capable of managing your affairs. It ends if you become mentally incapacitated.

It can be specific, meaning it gives your attorney authority for a definite period, or it can be limited, meaning it gives authority for only a particular task, for example, to sell a particular piece of real estate. This power of attorney can start as soon as you sign it or on a date specified in the document, and you can be flexible in regards to whatever restrictions you wish to place in the power of attorney.

Enduring or continuing powers of attorney

Unlike an ordinary power of attorney, an enduring or continuing power of attorney enables your attorney to continue acting on your behalf even if you become mentally incapable of handling your affairs. This continued authority gives obvious advantages over an ordinary power of attorney and greater peace of mind to the donor making the power of attorney.

An enduring power of attorney can take effect as soon as you sign it, or you may specify that it takes effect only if you become mentally incapacitated, usually with at least one doctor’s confirmation of incapacity. You may also set restrictions on the scope of the attorney’s authority in the enduring power of attorney.

Termination of powers of attorney

There are various grounds under which an enduring power of attorney can end. These include termination or revocation of the power of attorney, the resignation of the attorney, or the death of the donor or attorney. If the power of attorney was registered at the land title office to deal with real properties, then you will need to file a notice terminating the power of attorney at the land title office in addition to providing notice to your attorney. There are specific service requirements to give the notice to terminate the power of attorney, so do consult with a legal professional.

Do you need help drafting a power of attorney?

When preparing a power of attorney, it is wise to seek legal guidance, especially if your situation is complicated.

If you are searching for a lawyer in Richmond to help prepare a power of attorney, contact us today at Bernard Lau and Co. by calling 604-285-5240 to schedule an appointment with our estate and personal planning lawyer.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Probate is the process of validating a will and settling an estate after someone dies. In Canada, a family member, a friend or another person can be appointed as the executor of an estate. The executor of the estate has the power to gather and secure the assets laid out in the will and has the task of distributing these assets as per the instructions set forth in the will, as well as pay off any liabilities of the estate.

Estate matters involve complex legal processes that can drag on if not handled correctly. Utilizing the services of a probate lawyer can help resolve estate matters more smoothly.

Here are some instances in which you should consider hiring an estates and probate lawyer:

Writing a will

A will provides instructions on how an estate is to be distributed upon death. Since many complex legal issues may arise in your decision to draft a will, it is recommended that you consult an estates and probate lawyer when writing a will. Doing so can help reduce the risk of unintended consequences or errors, which will, in turn, make the probate process much easier for those involved.

Being named as executor in a will

If you are named as executor in a will, it is advisable to hire a probate lawyer to provide guidance throughout the process before you begin your executor duties. A probate lawyer can help ensure that the wishes of the deceased are followed in accordance with the law. Hiring a probate lawyer also helps to safeguard executors from assuming personal legal liabilities in the course of their duties.

When there are delays in the probate process

While probate may not be required in every instance, the aim of many estates is to probate a will as soon as possible. In BC, it may takes anywhere from two to six months on average for a probate application to be processed by the court. There will then be waiting periods to allow interested parties to make claims if they wish. The entire probate process can last up to a year, sometimes longer. The process may be delayed if the executor has little or no probate experience. If this is the case, a probate lawyer can help speed up the process by providing guidance during the probate application so that the grant of probate can be obtained as quickly as possible.

Richmond probate lawyer

Are you searching for an estates and probate lawyer in Richmond, BC? Contact us at Bernard Lau and Co. Law Corporation.

We would be happy to help you prepare a will that contains your wishes for your estate or, if you are an executor of a will, we can help you apply for the grant of probate and assist you in carrying out your duties as executor afterwards.

Call us today at 604-285-5240 to schedule an appointment with our probate lawyer.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this web site and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.

Accessing or using this website does not create a lawyer-client relationship. Although your use of the web site may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the web site, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

In British Columbia, a notary public is a legal professional to serve the public typically in non-contentious legal matters. While notaries are not necessarily lawyers, all lawyers are also notaries public and can provide the same services that a notary public does.

Here are some examples of services a lawyer/notary public can provide:

Notarization and authentication

Notaries public provide notarization and authentication of legal documents such as government documents, travel consent, and guardianship forms. When a document requires a notary public or a commissioner for oaths to witness a signature, a lawyer/notary public can be that witness.

Estate planning

A notary public can review your will to ensure that directives are clear and compliant with provincial law. Notaries can also provide assistance with preparing a power of attorney, which is a legal document that authorizes someone to handle your legal and financial affairs in the event of incapacitation. The notary public performs a key role in the execution of a power of attorney by not only confirming the identity of the person signing but also ensuring that at the time of signing, the person was of sound mind.

Affidavit and statutory declarations

Notaries can assist with legal procedures requiring an oath, affirmation or declaration, such as witnessing an affidavit for use in Court or statutory declarations.

Health planning

Health care planning is another area in which notaries can be helpful.

You can authorize a third party to make important health care decisions. These decisions can include end-of-life care. End of life care covers life support and termination of medical. This agreement is known as a Representation Agreement. In such an arrangement, the individual who is granted control is known as the representative or agent, and the individual for whom decisions will be made is the donor or the adult. Before authorizing this individual, make sure you fully trust your representative, as this agent can be making important decisions about your health and well-being.

A lawyer/notary public can draft a Representation Agreement to prepare for various medical treatments to reduce the risk in the event that you ever face a situation where you are unable to make important decisions due to medical reasons, but this has to be done before you are ever incapacitated.

Richmond notary public

If you are searching for notarial services in Richmond, BC, contact Bernard Lau and Co. Law Corporation.

We are a boutique law firm with a strong concentration on real estate, wills, and estate matters. We also offer notary services, including notarization of legal documents such as travel consent forms, government documents, bank documents, ICBC and insurance documents, or personal documents that require legal and formal witnessing.

Our team boasts over 10 years of experience delivering efficient legal services to clients, and we would be pleased to help you. Call us at 604-285-5240 or visit our website today.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this web site and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.

Accessing or using this website does not create a lawyer-client relationship. Although your use of the web site may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the web site, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.