Purchasing a Real Estate: Once an offer has been accepted and the subject to's have been removed from the contract, the next step is to complete the transaction by conveyancing the property. To start with, we recommend you to inform your Real Estate agent and your Mortgage Broker or Bank by giving our details to them to complete the transaction. We also recommend to contact our notary office and provide us the following information:

• The full legal names, occupations and contact information, including phone and e-mail, of all the buyers. 

• If there is more than one purchaser, would you like to be registered as Joint Tenants or Tenants in Common? 

• Is this home a new or used home? 

• Is the home currently tenanted? If yes, will they continue to rent from you? 

• Name and Contact information of the strata property manager or management company if the property is a Strata.

Our fees vary depending on the service (notarizations, family transfer, sale file, purchase file, purchase with mortgage, refinancing, contracts, etc.) you need.

For instance, if you need a document "notarized", our fee will differ depending on whether:

• you have already prepared the document and completed (unsigned) the form, and there is only one form
• you want us to draw the form for you
• you need legal advice from us on the form's contents
• there are multiple forms, or the form requires multiple "notarizations"

As another example would be if you are buying or selling or refinancing a home. Our fee would be different for each type of transaction and it depends on:

• whether you are buying or selling or refinancing a home
• whether there is a mortgage involved (and with which bank),
• whether everyone involved is in or out of town,
• disbursements, which could include Land Title Office fees, title search fees, strata documentation fees, government agency fees, courier fees, appraisal fees, title insurance fees, etc., and
• taxes, including GST

Please call us to find out our fees for the services you need from us.

Generally speaking, it would be great if we receive a notice a week before the transaction. We need lots of information to gather documents, and such documents have to be drafted and signed by all parties involved before a transaction can be completed. If you have any questions about the timeline. Please feel free to contact us for advice.

Each person in BC has certain legal and moral obligations to their spouse and children. Once a will maker passes away, a copy of his or her Will is to be sent to his or her heirs and family members for review. And, his or her spouse and children have a legal right to go to court (Wills Variation Claim) and ask a Judge to change the Will if they think that they were unfairly excluded( or not properly addressed) in your Will.

Please note that only your spouse and children have the legal right to go to the court and your parents, sibling or cousin, and your friends do not have this right.If you wish to exclude a spouse or child out of your Will, please inform us before we start working on your Will. This is not something you should take it lightly. You must have solid reasons and evidence ( in writing) about your decision to exclude them in your Will. Your reasons should be only yours so that impartial judge would understand and agree with. Your reasons to exclude your spouse and children cannot be:

• simply you have not seen them for a long time, or
• you had an argument with them many years ago, or
• they have a substance abuse problem or
• personality disorder.

These issues will not override your legal obligations to your spouse and children. In fact, if you exclude them out of your Will, or leaving them a nominal gift (for example, only $1), it is highly likely that your estate will end up in court, in a lawsuit.Once we interview you, we will review your situation, and explain you the way the law works in your situations. If your situations require creating a trust, it might be appropriate for us to refer you to a lawyer who is an expert in estate litigation to assist you drawing up your Will for you.

Most importantly, you need to be "of sound mind" in order to draw up a Will or a Power of Attorney, so our strong advice would be not to wait until it's too late.

The first step is to sign the Mortgage Commitment document with your lender. It is a legal document you have made with the lender to repay the debt. The next step is to register a charge against your property at LTSA in order to secure the debt. Your lender will release the money to you or activate your line of credit only after providing evidence to your lender that the debt is secured against the property

I would be happier to assist you with this process. I am eagerly looking forward to guiding you through this process. If you choose me to be your legal representative, please feel free to call my office to let us know about it. We will require some information from you in order to open your file. Once you select us as your legal representative, instructions on preparing the documentation will be forwarded to us by your lender. In addition, we will book an appointment ( 2 or 3 days prior to the funding date) for you to sign the documents.

To determine whether a house or not, look at:

• The information that the vendor has included as part of the contract of purchase and sale
• The title search from LTSA that shows that application with the land title office is the first application for registration in respect of the qualifying property since the residential improvement was either built or placed on the parcel of land or since the subdivision of the parcel of land and the division of the improvement were affected
• Municipal records searches such as Building Permits
• BC New Homes Registry
• BC Assessment information
• The New Homes Warranty Insurance program

The first step in the conveyance process is signing the contract. After all subjects in the contract are removed, the contract is firm and binding on the parties who signed the contract. At this stage, your realtor (or you banker or mortgage broker) will ask you to choose a legal representative( a notary or lawyer) to act for you. For example, if you have named us as your legal representative, a copy of the Contract, conveyancing instructions, and instruction related to preparing the mortgage security documents (if you are financing the purchase) will be sent to my office.

I am eagerly looking forward to guiding you through this process. If you choose me to be your legal representative, please feel free to call my office to let us know about it. We will require some information from you in order to open your file. In addition, we will book an appointment ( 3 or 5 days prior to the closing date) for you to sign the documents. Some people find the purchase, sale or mortgage of a home very confusing process. Even though it is a very exciting time in your life, it can also be stressful for some people. We assure you that we are committed to taking the stress out of the experience. We want to make sure that you are fully informed,  you understand every detail of the file, and that we work for the best interests at all times.

In British Columbia, a person can prepare personal planning documents that are governed by legislation:

1. Representation Agreement (RA7 and RA9-Sections 7 and Section 9)
2. Enduring Power of Attorney, Power of Attorney
3. Advance Directive
4. Nomination of Committee
5. Notice of Revocation for the above documents
6. Notice of Resignation for those appointed in an already registered Representation Agreement or Enduring/Power of Attorney.

Even though registering a Will is not mandatory, we will register your Will with the BC Vital Statistics Agency. As well, we will need to know the specific location(e.g. safety deposit box, home safe, etc.) where the Will will be kept. Please make sure that you have a secure, fire-proof place for storing your original Will. Your executors should know where the original Will is stored at so that he can access it after your death. Your executor will need the original Will, and not a photocopy when the time comes. If you are planning to use a safety deposit box, we highly recommend you to make it joint with your executor, or someone else ( your spouse or children,etc.) you trust, to ensure one can access it when required. Along with your Original Will, we will also provide you a copy of your Will that you can keep on hand for your own reference, or to review it from time to time. 

If a person is mentally capable of understanding the nature of the legal planning document and the effect of authorizing someone to act on his or her behalf for health and personal care, he or she will make a Representation Agreement Section 9 (RA9).

• RA9 (comprehensive coverage ) covers health and personal care matters.
• And he or she will make an Enduring Power of Attorney for comprehensive coverage of his or her finances.

If a person's mental capability to understand is in question, he or she will make a Representation Agreement Section 7 (RA7).

An RA7 covers minor and major health care, personal care, and routine finances as well as. For instance:

• An adult who has a disability from birth or childhood that affects their mental capability to understand. 
• An adult whose capability is affected after they became an adult due to stroke, advanced dementia, or other condition. 

Nidus define EPOA as: "An Enduring Power of Attorney (EPA) is a legal document for personal planning in British Columbia. It is a way to authorize your personal supporters to manage your financial and legal affairs if you need assistance due to illness, injury, and disability."

We advise you not to make unnecessary copies of your Power of Attorney (POA) or EOPA. Your POA or EPOA  is a legal document, and your Attorney will require the original in order to act for you. A photocopy is not sufficient. Any agency(your bank, insurance company, care home, etc)that requires a copy of your POA or EPOA can make their own copy from the original and return the original to you. We strongly advise you not to give your original POA or EPOA to anyone.  Please keep your POA or EPOA in a secure location, and advise your Attorney where is stored and how they can access it if they require it.

And the best time to prepare a Power of Attorney is when you are healthy.

Financial/Property Issues:

When you prepare a Power of Attorney it enables you to appoint a trustworthy person who will look after your affairs when you become mentally incapable due to accident or illness. Another common usage of preparing a Power of Attorney would be when you will be out of the country for an extended period of time, or if you are a student moving away for attending a post-secondary institution. Preparing POR will allow your spouse, family member, friend, or legal representative to handle a different kind of transactions on your behalf such as banking, vehicle or home insurance, utilities, property transfers, etc. We can tailor POA for you by customizing paragraphs based on your circumstances and preferences as well as indicating restrictions within the document to limit certain transactions.

• Picture identification
• Full legal names and current addresses of anyone being mentioned in your Will/Power of Attorney (i.e. primary and alternate executors, beneficiaries, and attorneys)/Representation Agreement(RA)
• Copy of existing Will/POA/RA (if you have one)
• Copy of title or most recent Assessment (if you are a property owner)

*You will need 2 appointments with the notary.  In our experience, when discussing estate planning matters, most appointments will take between 30 to 60 minutes.

In the first appointment, we will gather the required information and answer any questions you may have. As well, during the first interview, the notary will ask you some questions in order to prepare the document(s) to your specific needs. We then prepare the document(s), and during the second appointment, we will review the prepared document with you, make any changes if needed, and complete the signing.

• Preparing the Willis is the most common means of estate asset transfer. Normally, there are four methods that can be considered when creating your estate plan. You must always have a valid Will along with other alternative methods you apply in your estate plan. Without a Will, the dissolution of your estate will be complicated by British Columbia's intestacy rules (i.e. dying without a Will).

  Note: A notary cannot prepare a living or family trust for you.

  • Method 1: Wills (Probatable Assets)
  • Method 2: Non-Probatable Assets (Joint Ownership)
  • Method 3: Gifting Assets Before Death
  • Method 4: Living/Family Trusts

The main difference between Joint Tenancy and Tenancy in Common is what happens to the property if one owner predeceases the other. The LTSA explains joint tenancy as:

"A tenancy-ownership of interests in land in which the ownership is acquired at the same time and where each owner has an equal interest and equal rights to possess the land. Under the Land Title Act, neither consent of, nor notice to, other owners in joint tenancy is required for disposition of each owner’s interest. Upon the death of one owner, the interest of the deceased joint tenant passes to the surviving joint tenant(s)."

Whereas, when a tenant-in-common dies, that person's share in the land goes to his/her heirs, not to the surviving tenants."

Moreover, if you are joint tenants there is equal ownership, but with tenancy in common, the ownership could be an uneven split (e.g. 25% to owner A, 75% to owner B).

A statutory declaration is similar to an affidavit, except it is usually drafted for purposes other than court proceedings. It is a solemn declaration authorized by the Canada Evidence Act and the BC Evidence Act and is used to assert the truth of any fact or facts or of any account rendered in writing. The declaration is of the same force and effect as if made under oath and therefore has value as evidence.

1. Identity of the Person Making the Statement
Whether administering an oath, affirmation or declaration, the Notary must be satisfied as to the identity of the person making the written statement (who may be referred to as the deponent, affirmant or declarant). The person is required to produce some reliable means of identification (such as a government-issued ID that includes the person’s name, current address, signature, and photograph).

2. Capacity of the Person Making the Statement
The Notary must also be satisfied that the person making the written statement (deponent, affirmant or declarant) understands the contents of the document and appreciates the significance of making the affidavit or statutory declaration. If the person does not understand the contents of the statement or does not appreciate the significance of the undertaking (or is not acting of their own free will), the Notary cannot proceed. If an apparent lack of understanding is due to a language barrier, the affidavit or statutory declaration may be taken with the assistance of an interpreter.

3. Administering the Oath, Affirmation or Solemn Declaration
The deponent (affirmant or declarant) must solemnly swear (affirm or declare) that the contents of the affidavit are true to the best of the deponent’s knowledge, information, and belief. Under the Criminal Code of Canada, it is an offense (with a maximum penalty of two years of imprisonment) to sign a document purporting to be an affidavit or statutory declaration sworn or declared before a Notary Public or Commissioner of Oaths, when in fact the document was not so sworn or declared.

4. Signature of the Person Making the Statement
The deponent must then sign the affidavit in the Notary’s presence. A Commissioner for Taking Affidavits cannot take an affidavit or statutory declaration if the person signing the affidavit or declaration is not present. The commissioner must actually view the act of signing and so it must occur in the commissioner’s presence.

5. Completing the Jurat (Ordinary Form)
The jurat is the part of the oath, affirmation or declaration that must be completed by the Commissioner for Taking Affidavits. The jurat should include the date the statement was sworn (affirmed/declared), the place where the statement was sworn (affirmed/declared) and the signature of the commissioner before whom the statement was sworn (affirmed/declared).

6. Alterations
Ideally, an affidavit or statutory declaration should not contain any alterations, corrections or interlineations (inserted words written between the lines). If such changes are necessary, each change should be initialed by both the person making the statement and the Notary. Furthermore, check marks should be inserted at the beginning and end of each change to identify the portion to which each set of initials applies.

7. Procedure When Person Making Statement Does Not Understand English
If the person making the affidavit or statutory declaration does not understand the English language, the Notary may only proceed with the assistance of an interpreter. The interpreter must be sworn (or affirmed) that he/she well understands (the language of the person making the statement), that he/she will well and truly interpret the contents of this affidavit/statutory declaration to the deponent and that he/she will well and truly interpret to the deponent the oath/affirmation/solemn declaration to be administered. The interpreter would then interpret the contents of the document, following which the commissioner would administer the oath (affirmation/declaration) in English to the person making the statement. The interpreter would repeat the oath (affirmation/declaration) to the person making the statement in that person’s language and translate the response to the question in English.

8. Procedure When the Deponent is Visually Impaired or Illiterate
If the person making the affidavit or statutory declaration is visually impaired or illiterate, the document must be read to them and they must be asked whether they understand what was read. The oath, affirmation or solemn declaration may only be administered if the Commissioner is satisfied that they understand what was read to them.

An affidavit is the written equivalent of giving oral evidence under oath by the “deponent”, who is the person who makes the affidavit. It is a written description of facts. The affidavit is sworn or solemnly declared to be true. An affidavit is usually made in the context of court proceedings. Hearsay evidence is allowed as long as the source of the deponent’s information is identified, and the deponent takes an oath that he/she believes the evidence is true.

The general rule is:

1. If the property has never been income-producing and was occupied by the seller or his/her family for personal use, the holdback is 25% of the sale price. One certificate will be issued per non-resident seller.
2. If the property has been income-producing, the holdback should be calculated at 25% of the land value and 50% of improvement value as pro-rated from current assessed values to the actual price. One certificate for each holdback will be issued per non-resident seller.
3. If the seller is in doubt about the income producing status of the property, he should seek advice from a tax advisor.

The residency declaration that the Seller signed will be relied upon. You, as a seller, must understand the significance of the residency question. When in doubt, you must seek advice from your accountant or directly from CRA. The onus is on the Seller to satisfy the purchaser’s inquiry on this point. If you are a non-resident seller, you should apply for clearance as soon as possible, to reduce the potential holdback period.

No.  Canada is not a signatory to the international treaty that allows for the apostilling of documents. The alternative way the Canada do is to have the notary public’s seal and signature authenticated and then legalized by the foreign consulate.

Authentication is when the Society of Notaries Public of BC and the BC government certifies that the notary public’s seal and signature appearing on a notarized document is that of a licensed and appointed notary public in and for the province of British Columbia.In some cases, usually if the document is to be used in a foreign country, it may be necessary to have the notary’s seal and signature verified (authenticated) by the Society of Notaries Public of BC and the BC government or the Canadian Government’s Department of Foreign Affairs and Trade. You should contact your country's consulate office to find out what steps you need to complete this task. Our office will also help you in this regard. In British Columbia, the authentication of documents is handled by the Ministry of Justice Order in Council (OIC) Administration Office.

http://www2.gov.bc.ca/gov/content/governments/government-id/guide-to-the-authentication-of-documents/types-documents

Types of Documents That Can be Authenticated

A letter of invitation is where a Canadian citizen or Permanent Resident of Canada ‘invites’ a person( relatives or friends or community member etc.) who is outside of Canada and wishes to enter Canada on a Temporary Resident Visa. Some visa offices may require that the letter of invitation be notarized by a notary public.We can notarize the letter prepared by you or we can prepare and notarized the invitation letter for you too.A letter of invitation does not guarantee that a visa will be issued.

The Department of Foreign Affairs and International Trade (DFAIT) recommends that if a person younger than 18 is traveling alone or with only one parent or another adult, they have their parents’ consent for such travel. A notarized letter of consent to travel is proof of such consent. The DFAIT strongly recommends that children traveling alone or with one parent carry a consent letter for each and every trip abroad.

The DFAIT further recommends that the “consent letter to travel” be notarized by a notary public so that the validity of the letter will not be questioned.Along with the consent letter, the foreign authorities may require other documents too. Please, contact the representatives of the country or countries that your child will be visiting to ensure that you have the latest information regarding their specific entry requirements.

We are strongly recommending our clients to contact the transportation company (airline, train, bus, etc.) to find out their additional policies related to it. A notary public can notarize this consent document for you.

A Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document is a form that Passport Canada requires a person to complete in the situations of a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document. The Statutory Declaration must be solemnly affirmed by the applicant.

A statutory declaration of a common-law union is a form that Citizenship and Immigration Canada may require( to determine the applicants' eligibility) while applying for a spousal sponsorship application or temporary residence application. 

The statutory declaration of common-law union must be solemnly affirmed by both the applicant and the applicant’s common-law partner.

A Statutory Declaration is when a person solemnly declares that the contents of an official document (written document or government forms, etc.) are true and correct.  A solemn declaration has the same legal effect as an oath in the court's eyes.The person making the solemn declaration is called a deponent.  The act of administering a solemn declaration is called commissioning a statutory declaration.It is not necessary that the deponent holds a religious book, or raise his or her hand while undertaking a solemn declaration.A person may be prosecuted criminally for knowingly making a false solemn declaration.

Yes. One cannot make an oath or solemn declaration over the telephone. A deponent must take an oath or solemn declaration in front of a notary public or a person, who is qualified to take oaths.

A notary public verifies the identity of the deponent (usually by examining his or her photographic identification), satisfy himself or herself that the deponent has read and understands the document being commissioned.  The deponent will then affirm or swear in front of a notary public that the contents of the document are true and correct.  The deponent then signs the document in front of the notary public.  The notary public will then sign the document, place the notary seal on the document, and certify on the document that an oath or solemn declaration has been duly commissioned.

When signing the document, a notary public is not certifying that the statement being made is true.  Rather, a notary public only certifies that an oath or solemn declaration has been administered (commissioned).  A notary does not give any legal advice during a commissioning of an oath.  Mostly, a notary public will not need to read the document being commissioned.

A person should bring unsigned document when attending a notary public’s office to get it commissioned.The document should be read and understood by the deponent.

An oath is when a person swears that the contents of a document are true and correct.  A solemn declaration is when a person solemnly declares that the contents of a document are true and correct.  Both an oath and a solemn declaration have essentially the same legal effect.

The person making the oath or solemn declaration is called a deponent.  The act of administering an oath or solemn declaration is called commissioning an oath.

In today's world, it is not necessary that the deponent holds a religious book, or raise his/her hand to undertake an oath or solemn declaration.

A person who makes a false oath or solemn declaration knowingly may be prosecuted criminally.

An original document is a document in its own state and not a photocopy of a document. A notary public can only certify/notarize copies of original documents and not photocopies of copies.

The document once certified acts as an assurance that the photocopy is a true and accurate copy of the original. This will be helpful where it is impractical to provide or show the original document.

Once you bring the original documents to a notary public, a notary public will examine the original document that is being certified/notarized and compares the original to the photocopy. The notary public must be satisfied that the photocopy is a true and accurate copy of the original. If so satisfied, the notary public will print a statement on the photocopy that certifies the photocopy to be a true and accurate copy of the original document that was presented. The notary public signs the document and embosses a notary public’s seal on the document. The notary public’s signature and seal can later be authenticated for use in a jurisdiction outside of Canada.

A notarized copy is a photocopy of an original document that has been certified by a notary public to be a true and accurate copy of the original document. A notarized copy is sometimes referred to as a certified copy.

A Notary Public must witness the signing of the document to have a document notarized. The Notary Public will place his or her signature and stamp on the document, certifying that he or she has witnessed the signature and verified the identity of the parties involved. A Notary Public can also make a Certified True Copy of your document.

Attestation is another term used for the process of authentication and legalization of a document. The term "Attestation" is commonly used by diplomatic missions and often refers to the legalization of educational documents.

Apostille certification is essentially an international notarial seal that many other countries use to legalize documents. In Canada, however, apostille certificates are not permitted, so notaries use the authentication and legalization 'chain' method. There are three steps to the authentication and legalization process:

1. Notarization

This is a simple procedure whereby you visit my notary office with your ID and the document you need to be notarized or certified as a true copy. For notarizations, I will check your ID and observe as you sign the document. I then attach the signed document to my notarial certificate and apply my signature, stamp, and notarial seal to confirm your identity, nd the validity of your signature. For certified true copies (notarized copies), I take a photocopy of your document and compare it with the original to ensure it is a true copy. I then attach the copy to my notarial certificate and apply my signature, stamp, and notarial seal to certify that the attached copy is a true copy of the original.

So basically, a notarization or notarized/certified copy is the procedure that a notary takes to confirm that your signature or copied document is authentic. When necessary, a certified translation of your documentation is added to the notarial certificate. 

2. Authentication

The notarized document is then delivered to one of three authorities (described below) so that the notary signature and status can be authenticated - to make sure they are authentic. An authentication clerk physically compares the signature and seal of that notary or lawyer with the samples registered on file to confirm authenticity. The clerk also confirms that the lawyer or notary is a member in good standing with their respective governing body. Once these tasks are completed, an authentication stamp is applied, or an authentication certificate is permanently attached to the notarized document with an eyelet. Authentication can be accomplished in one of three ways:

1. Authentication and Service of Documents Section (JLAC) of the Department of International Trade and Foreign Affairs. As this an Ottawa office, I only use this method when the intended country of use requires federal DFAIT authentication.  
2. The Notaries Society of BC (Vancouver)
3. B.C. Ministry of Justice - Order in Council Administration Office (Victoria)

Once the notarized document is authenticated, it is returned to either my office, you, or the foreign consulate for legalization.

3. Legalization (also known as Superlegalization)

Finally, the notarized and authenticated document is delivered or presented to the foreign consulate in Vancouver (or elsewhere) for legalization. Legalization is the process whereby the foreign consulate in Vancouver verifies the markings applied during the above referenced authentication step - to make sure they are authentic. Legalization basically certifies that the correct procedure was followed in Canada. Once the consulate is satisfied that the authentication was valid, and that the correct procedures were followed, they affix their legalization seal to the notarized and authenticated document. At this point, with the notarization, authentication, and legalization complete, the document becomes valid and legally effective for use in the foreign country.