Notaries

questions


 

A British Columbia Notary:

  • Is a professional trained in non-contentious legal matters
  • Has met the Society of Notaries Public of BCís 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 Societyís 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 Societyís 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 Notariesí 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 oneís 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.

 Any adult in B.C. who owns property including real estate, vehicles or other assets; has a dependent spouse or children, and wishes to have someone they know and trust take care of their estate after their death.
 A power of attorney allows a capable adult to appoint a person or persons to handle their financial and legal matters in the event they are unable to do so themselves or need assistance. The document also specifies whether these individuals are allowed to act separately or required to act together. Because of the financial authority conveyed, it is critical that the adult fully understands what powers they are granting with this document and have complete trust in the person they are appointing.
 

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 individualís 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 representativeís 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).

 Any adult who wants to ensure that a specific person or persons are appointed to make decisions for them, especially if they have no spouse; or no spouse and no children, or if their children are in conflict with one another or would not be good decision makers.
 

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)

 It is a written declaration of facts that is administered under oath.
 

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 donít 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. 

 

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 willsĒ. 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.