PROPERTY TRANSFER and mortgage

• Property Purchase and Sale

• Mortgage Refinancing and Mortgage Discharge

• Family Property Transfer

• Transmission to Surviving Joint Tenant

Whether you are buying a newly built or an existing property, whether you are selling your home with or without a mortgage, we can assist you.

If you have any questions regarding Property Transfer Tax, GST on Newly Built Homes, or you are not sure about your eligibility for Property Transfer Tax Exemptions, please give us a call and we will explain the requirements.

Contact us or ask your realtor, bank or mortgage broker to send us a copy of the contract and/or mortgage instructions if you are getting a mortgage for your property purchase.

MAKING A WILL

Making a will gives you some control over what happens to your estate after you die. It can also help save your family members time, effort and money. To prepare for making a will, you should make a list of the following:

• Your legal name (any aliases) and address.

• Full name and address of whom you wish to appoint as your executor. Full name and address of whom you wish to appoint as an alternate executor (should your first choice be unable to act).

• Full names and addresses of all beneficiaries.

• If you have children under 19 years of age, the name and address of the person(s) you wish to designate as guardian.

• A brief description of your assets.

Dying without a Will - when a person dies without a will, Part 3 of the Wills, Estates and Succession Act, SBC 2009, c.13 sets out the mandatory legislative scheme for distribution on intestacy. Call us to learn about how an estate will be distributed when there is no Will.

POWER OF ATTORNEY

While a Will is used after a person is deceased, a Power of Attorney allows your attorney (the person appointed by you) to manage your real estate and financial affairs in your place.  This is particularly useful if you become incapacitated due to physical or mental health problems, or in the event of your absence.

Who can be an attorney?

The person who you appoint as your attorney should be someone who is prepared to accept the responsibility.  The person must be 19 years or older, must be mentally capable and understand what it means to have power of attorney or to be a representative.  You can appoint your spouse or partner, a friend or a family member.  You can appoint more than one person.

PERSONAL PLANNING

• Representation Agreement s7 and s9

• Advance Directive

A Representation Agreement is a tool that allows your appointed representative to make personal and health care decisions for you.  There are 2 types of Representation Agreements, Standard and Enhanced.  Standard Representation Agreements cover routine financial and/or health care decisions, while Enhanced Representation Agreements give broader powers to the representative, including end of life decision making.

Representation Agreements may include your health care needs. You may appoint different representatives for different purposes and you may appoint a Monitor who will ensure that your representative is carrying out your wishes.  In some cases the monitor is optional.

If an adult has an Advance Directive, the Advance Directive (AD) would enable a health care provider to provide care that has been consented to in the AD. The Health Care Provider will not provide health care to an adult if the adult has refused consent to that health care in the adult's AD.

Call us to learn about these documents and we will review with you the legislation and the benefits and risks of each document.

NOTARIZATION

• Certified True Copies

• Affidavit

• Statutory Declarations

• Authentications of International Documents

• Travel Consent for Minor Child

• Invitation Letter for Foreign Travel

• Passport Application Documentation

• Application for Change of Name

For Certified True Copies, please bring the original document; we will make photocopies and provide certified true copies of the original document.

For most other types of notarization, please bring 2 pieces of valid government ID (such as passport, provincial driver’s license, permanent residence card, citizenship card, CardCard, SIN card), and the document which needs to be witnessed in front of a notary or commissioner of oaths.