A British Columbia Notary:
- Is a professional trained in non-contentious legal matters
- Has met the Society of Notaries Public of BC’s scrupulous background review and
- requirements for business experience, integrity and trustworthiness
- Has passed statutory examinations
- Is commissioned for life by the Supreme Court of British Columbia
- Has been granted a Seal by the Society
- Must continually comply with the Society’s bylaws, rules and regulations and the
- Notaries Act
- Is subject to the disciplinary powers of the Society
- Is fully insured with Errors and Omission Insurance
- Is required to participate in the Society’s Special Indemnity Fund for public assurance and protection
Conveyancing is simply the process of transferring property from one person to another. Generally speaking it involves purchases, sales and mortgages of property.
The role of a notary is to prepare and register all of the relevant paperwork while ensuring that all funds are transferred to the appropriate parties. Think of our job as that of a facilitator.
If you are a buyer, you may be reluctant to hand over hundreds of thousands of dollars on the hope that you will receive title to your new home. As a seller, you might be apprehensive about signing a transfer of your house without the money in your hands. The job of notaries and Lawyers is to make sure that both the buyer and seller are protected.
Half of BC Adults Do Not Have a Will, according to a BC Notaries’ Poll. Only 55% of British Columbians have a current and legal Will, according to a province-wide poll conducted by the Mustel Group for The Society of Notaries Public of BC.
Wills are a critical tool for outlining one’s wishes for the distribution of assets, guardianship of minor children, and the designation of an executor who takes care of administering the estate. Without a will, the court will determine who will be the executor, and the law will decide who is entitled to the estate.
This document has great value for anyone who:
- wants to ensure that a trusted person would take care of bill paying, correspondence and financial management in the event of incapacity or absence
- may need assistance with their daily finances now or in the future
- wants to avoid the very lengthy and expensive process of a court appointed committee should they suddenly become incapable
- wants to avoid having the Public Guardian and Trustee take over his or her affairs
A Representation Agreement appoints a representative, or multiple representatives, to make decisions regarding an individual’s health and personal care in the event they are unable to communicate their own wishes. Depending on how the Representation Agreement is prepared, a designated representative’s authority can include:
- decisions regarding healthcare, personal care
- refusal or consent to life support treatment and care
- consent to less common medical procedures/treatment
- consent to treatment the Adult approved while capable but since losing capacity has refused to consent
- deciding on living arrangements for the Adult including choosing a care facility
We can help you to determine the appropriate scope for specific representative(s).
Yes. In BC notaries public are allowed to provide with a legal advice, as
long as it is within the areas of law that they are allowed to practice (eg.real
estate law, contract law, estate planning law)
No. At Uptown Notaries we cannot prepare or witness a separation
agreement that relates to family law. Please ask us for a referral to a family
lawyer.
No. We need to see original documents to confirm that it is genuine document.
No. You need to sign the document in front of the Notary. If you signed
in advance, you would have to re-sign it in front of the Notary.
It depends. We will offer you to purchase a title insurance, which covers
unknown defects on title. It is your choice whether you want to have a piece of
mind. But recent analysis of claims shows that 90% claims for title insurance are coming from
strata owners.
No. at Uptown Notaries we cannot witness a will that is not prepared by our
office. Please contact us to obtain wills package to start the process.
Yes,
as long as allowed by Province during COvid-19. Contact Uptown Notaries to
start your will today.
Joint
tenancy has a right of survivorship. If something happens to one of the owners,
the title passes automatically to the survivors. You don’t have this option on
tenants-in-common, but rather you can allocate shares of interest in a property
depending on your investment. Your Will dictates what happens with your
shares.
Yes, Uptown Notaries we can draft a contract of purchase
and sale for you. Please contact our office.
Yes, you can. Send us your contract of purchase and sale to start the
process.
I don’t have much to leave to my family as everything is in joint ownership. Do I still need a will?
Even if all your assets are in joint ownership, we would still recommend
having your will done. There are other reasons why you need it. For example, if
you have minor children.
We would recommend preparing your document in the country that requires
the document. We can help you to witness it. Please note your document might
need to be legalized in Canada before you can use it.
You need to compare pros and cons to this decision, like tax
implications, or loosing control of the property that you own. Please contact our
office in order to make an informed decision.
We can help you with this. In case you and your spouse were registered as
joint tenants on title, we can transfer the title to your name. This process is
called transmission to surviving joint tenant.
Please note, in BC we do not have anymore so called "living wills”. Now
we have representation agreements and advance directives. Please contact our
office to start one.
This document will help you to appoint a person to manage your financial
affairs. The document is good to use right away, and will continue to be in
effect in case you lose your capacity.
Disbursements include so called out of pocket expenses that our office
will pay on your behalf. For example, title searches, courier fees, trust
administration fees, etc.
When budgeting for your purchase, consider the following closing costs as
property transfer tax (refer to our calculator), GST (if applicable),
registration costs with Land Title Office, strata forms costs, insurance
binder, legal fees, title/tax searches. At Uptown Notaries we will calculate
and prepare the statement of adjustments for you.
It is a good idea to contact Uptown Notaries right away once you signed
your contract. We will need to obtain information for you and prepare all
closing documents. Typically we need your contract sent to our office
minimum 7 days before your Completion Date.
Commissioner of Oath is a professional who is authorized by the Supreme
court of BC to witness affidavits and statutory declarations. Notaries Public
are commissioners of Oath and their commission never expires.