Client Resources — Legal FAQs | Lakeshore Law, Kelowna BC

Question 1

Do I really need a will?

Accepted Answer

Yes — if you die without a will in British Columbia, your estate is distributed according to the Wills, Estates and Succession Act, which may not reflect your wishes. A will lets you decide who receives your assets, who cares for your minor children, and who manages your estate. Without one, those decisions are made by the courts.

Question 2

What is a power of attorney?

Accepted Answer

A power of attorney is a legal document that authorizes someone you trust (your "attorney") to manage your financial and legal affairs if you become unable to do so yourself. In BC, an "enduring" power of attorney remains valid even if you lose mental capacity — which is the type most people need for estate planning purposes.

Question 3

What is a representation agreement?

Accepted Answer

A representation agreement is a BC-specific document that names someone to make health care and personal care decisions on your behalf if you cannot make them yourself. It is different from a power of attorney, which covers financial matters. Together, these two documents ensure someone you trust can act for you in all areas of your life.

Question 4

How often should I update my will?

Accepted Answer

You should review your will after any major life event — marriage, separation, divorce, the birth of a child or grandchild, a significant change in your assets, or the death of a beneficiary or executor. As a general rule, reviewing your estate plan every three to five years is good practice.

Question 5

What is probate?

Accepted Answer

Probate is the court process that confirms a will is valid and gives the executor legal authority to administer the estate. In BC, a "grant of probate" is issued by the Supreme Court. Not every estate requires probate — it depends on the nature and value of the assets involved.

Question 6

How long does probate take in BC?

Accepted Answer

The timeline varies depending on the complexity of the estate and the court's current processing times. In BC, the probate process typically takes several months from the time the application is filed. Estates with disputes, missing beneficiaries, or complex assets can take considerably longer.

Question 7

What are the executor's responsibilities?

Accepted Answer

An executor is responsible for locating and valuing the estate's assets, notifying beneficiaries and creditors, paying debts and taxes, and applying for probate if required.

Question 8

What happens if someone dies without a will in BC?

Accepted Answer

When someone dies without a will, they are said to have died "intestate." In BC, the Wills, Estates and Succession Act sets out a fixed formula for distributing the estate — typically to a spouse and children, or to more distant relatives if there is no spouse or children. An administrator (rather than an executor) must be appointed by the court.

Question 9

What is the difference between temporary and permanent residence?

Accepted Answer

Temporary residents (visitors, students, and workers) are authorized to be in Canada for a limited period. Permanent residents have the right to live and work anywhere in Canada indefinitely, access most social benefits, and eventually apply for citizenship. Permanent residence is a step toward becoming a Canadian citizen.

Question 10

How does family sponsorship work?

Accepted Answer

Canadian citizens and permanent residents can sponsor certain family members — including spouses, common-law partners, dependent children, and parents or grandparents — to become permanent residents. The sponsor must meet income requirements and agree to financially support the sponsored person for a set period.

Question 11

What is Express Entry?

Accepted Answer

Express Entry is the federal government's online system for managing applications for three economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Candidates are ranked using a Comprehensive Ranking System (CRS) score, and the highest-ranked candidates are invited to apply for permanent residence.

Question 12

Do I need a lawyer to apply for immigration to Canada?

Accepted Answer

You are not legally required to have a lawyer, but immigration applications can be complex and mistakes are difficult to correct once submitted. A lawyer can help you understand your options, prepare a strong application, and avoid common errors that could delay or jeopardize your case.

Question 13

What does a notary do?

Accepted Answer

A notary public witnesses the signing of documents, verifies the identity of the person signing, and certifies that the signature is genuine. Notarized documents are often required for legal, financial, and government processes — both in Canada and abroad.

Question 14

What is the difference between a notarized document and a certified true copy?

Accepted Answer

A notarized document typically involves witnessing a signature or administering an oath. A certified true copy is a copy of an original document that a notary has compared to the original and certified as a true and accurate reproduction. Both serve different purposes depending on what the requesting institution requires.

Question 15

What documents can be notarized?

Accepted Answer

Common documents that require notarization include affidavits, statutory declarations, consent letters for children travelling abroad, powers of attorney, and documents intended for use in foreign countries. If you are unsure whether your document needs to be notarized, contact us and we can advise you.

Question 16

How long does a notarization appointment take?

Accepted Answer

Most notarization appointments are straightforward and can be completed in 15 to 30 minutes. More complex documents or situations may take longer.

Frequently asked questions

Estate Planning

Probate

Immigration

Notarization

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