Blog Articles

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.

If you are dealing with a civil matter or facing criminal charges, you should seek legal representation. When choosing a law firm, it is crucial to select one that will cater to your specific needs.

Below are some things to look for when selecting a law firm.

Experience

When conducting a real estate transaction, a divorce lawyer would be of little help.

Always look for a law firm with lawyers who have years of experience providing the legal services you need. Also, ask about the results of the cases they have handled that are similar to yours.

The cost of their services

Legal services can be quite costly. Before retaining legal representation, you should know how much you are willing to spend. You must consider this budget when picking a firm. Also, ensure you make price comparisons. You can ask each firm for a quote as well as a guide on how they bill their clients.

Communication

There is a lot of information that needs to be transmitted between a client and their lawyer. When considering a firm, it is wise to seek knowledge on how they will communicate with you, whether mostly through emails, phone calls or in person. Look for a firm whose lawyers will take the time to explain complicated matters, provide options and solutions and keep you up to date on your case’s progress.

The size of the law firm

A large law firm doesn’t always mean a better firm. While larger firms tend to be more established and possess greater resources than small firms, they can be more costly. Additionally, large firms typically deal with high volumes of cases, which might mean lawyers will have less time to dedicate to your case. Cases may also be processed in batches. As a result, the unique aspects of a client may be lost in processing.

As a potential client, you want a lawyer that pays attention and listens to you. The absence of such traits will likely create frustration and dissatisfaction. So, select a law firm that makes you feel like you are the most important client they have.

Client driven

All decisions and efforts of a firm must be focused on what is in the best, long-term interest of each client. Client satisfaction should be the chief concern of any good law firm, holding to the thought, “the client always comes first.”

Are you looking for a real estate or civil litigation law firm in Richmond, BC?

Searching for the right law firm may seem time-consuming, but finding the right fit for your needs will be worth the effort.

If you need a real estate lawyer or civil litigation lawyer in Richmond, BC, contact us at Bernard Lau and Co. Law Corporation. Our team comprises experienced legal professionals with diverse backgrounds, and our firm has a reputation for delivering efficient legal services and excellent client service.

Make us your real estate and civil litigation law firm of choice in Richmond, BC. Contact us today to schedule a legal consultation or to learn more about our services.

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.

Many Canadians are concerned about the management of their money and property as they get older and what might happen if they become unable to deal with their own finances. As a consequence, it is a good idea to plan ahead for a time when you are likely to need help in managing your affairs One of the tools often used for managing financial matters is power of attorney.

A power of attorney is a legal document that gives one or more persons (referred to as appointees or attorneys) authority to manage your money and property on your behalf.

In British Columbia, there are two types of powers of attorney: a general power of attorney and an enduring or continuing power of attorney.

General power of attorney

A general power of attorney gives your attorney the authority to manage all, or some of your finances and property only while you are mentally capable of managing your own affairs. It ends if you become mentally incapable.

A general power of attorney can be specific, meaning it gives your appointee authority for a specific period of time, or it can be limited, meaning it gives authority for a limited task, for example, to sell real estate. The document can go into effect as soon as you sign it, or, on a date specified in the document.

Enduring or continuing power of attorney

Conversely, an enduring or continuing power of attorney enables your attorney to continue acting for you if you become mentally incapable of managing your finances and property. It can take effect as soon as you sign it, but in some cases, you may specify that the document comes into effect only in the event that you become mentally incapable.

You must be mentally capable at the time you sign any type of power of attorney for it to be considered valid. This means you should be able to understand and appreciate financial and legal decisions and the consequences that may result from making these decisions.

Importance of power of attorney

Having a power of attorney arrangement in place is important because it has numerous advantages. For one, it makes it clear who will be responsible for your money and property if you can’t manage them on your own, even temporarily.

It also gives you peace of mind, as your attorney has to manage your money and property for your benefit and can be required by law to account for and explain how your assets are being managed.

In contrast, if you lose your mental capacity and do not have a valid document in place, then someone will need to get authority from the court to manage your money and property, which can turn out to be time-consuming and costly.

Do you need help drafting a power of attorney?

Although you are not required by law to use a lawyer’s services when preparing a power of attorney, it is recommended that you do so, especially if your situation is complicated.

If you are searching for a lawyer in Richmond to prepare a power of attorney, contact us today at Bernard Lau & Co. to schedule an appointment with our estate 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 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.