Services a BC Notary Can Provide

A. PROPERTY MATTERS

1. Residential and Commercial Real Estate Transfers 2. Mortgage Refinancing Documentation 3. Manufactured Home Transfers 4. Easements, Covenants, and Rights of Way 5. Builder’s Liens 6. Subdivisions and Statutory Building Schemes 7. Zoning Applications

B. PERSONAL PLANNING

1. Wills Preparation 2. Powers of Attorney 3. Representation Agreements 4. Advance Directives 5. Wills Notice Searches 6. Estate Planning

C. NOTARIZATION/DOCUMENTS

1. Affidavits for All Documents required at a Public Registry within BC 2. Certified True Copies of Documents 3. Execution/Authentications of International Documents 4. Notarizations/Attestations of Signatures 5. Insurance Loss Declarations 6. Personal Property Security Agreements 7. Statutory Declarations 8. Authorization of Minor-Child Travel 9. Letters of Invitation for Foreign Travel 10.Passport Application Documentation D. BUSINESS

1. Business Purchase/Sale 2. Commercial Leases and Assignment of Leases 3. Contracts and Agreements

E. SOME BC NOTARIES PROVIDE

THESE SERVICES.

1. Marine Bills of Sale and Mortgages 2. Marine Protests 3. Marriage Licences 4. Mediation 5. Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca. Note: Not all Notaries provide all services listed. Please check with your Notary before making an appointment for services. of the Will’s validity under section 43(4), there would be a partial intestacy under section 25 of WESA which would not have been the intended result of the deceased.

The Court found that the deceased wanted the witnesses to receive the bequests as a gift and allowed such under Rule 43(4) WESA. 3. Re. Le Gallais Estate 2017,

BCSC 1699 dealt with the charging clause in a Will that provided that if the lawyer who prepared and witnessed the

Will should act as the executrix and attend to the legal work of the estate, then she would be entitled to a fee for the usual and proper charge for such legal work.

A legal issue arose as to whether the charging clause in favour of the lawyer was valid due to the fact that the lawyer witnessed the Will.

The drafting lawyer M. Isherwood had known the deceased professionally for over 40 years. The charging clause stated:

“If the said Constance Dora Isherwood should act as Executrix of this my Will and should also attend to the legal work of my estate, she shall be entitled to the usual and proper charge for such legal work.”

The Court found that the deceased was an experienced businesswoman who would have known that legal work was required to finalize her estate after her passing.

The Court invoked section 43(4) WESA that a gift to the lawyer was intended and that under the circumstances, the charging clause was not void by reason of her having witnessed the Will and would take effect.

Conclusion

The Courts have focused on the intention of the deceased when determining relief under section 43 WESA when a bequest has been made to a witness of the Will, or to his or her spouse.

Prior to the introduction of WESA, there were strict execution requirements under the previous Wills Act that when not followed undoubtedly resulted in outcomes that were contrary to the intention of the deceased. While well intended, these execution rules were strict and the Court lacked discretion to in effect do justice.

To date the cases reported under section 43(4) have followed the rationale of the several cases reported under as the curative provisions section 58 WESA and focused on the fixed and final intention of the deceased when signing a purported testamentary document. Where the Court is satisfied as to its validity, it will order curative provisions under both sections of WESA.

Determining the intention of the deceased when examining a document appearing to be a Will together with extrinsic evidence from witnesses can be a daunting fact-driven exercise for the trier of fact, but is a fact of estate litigation as seemingly more and more people attempt to save money and do their own Will. s Trevor Todd restricts his practice to estate litigation. He has practised law in Vancouver for 48 years.

The Courts have focused on the intention of the deceased when determining relief under section 43...