Capacity is one of the most common—and most litigated—issues in Wills and Estates. In British Columbia, a Will is vulnerable to being set aside if the Will-maker lacked the requisite testamentary capacity at the time the Will was made (typically, when it was executed). When capacity is uncertain, estate administration may be delayed by objections […]
Capacity to Make a Will in British Columbia: What the Law Requires Read More »
Many people assume that once a Will is signed, it can be stored away and never revisited. In practice, a Will is only as effective as its fit with a person’s current life, assets, and relationships. In British Columbia, an older Will may still be legally valid, but it can produce outcomes the Will-maker never
Updating Your Will in British Columbia: When and Why You Should Revisit It Read More »
Selecting an executor is one of the most significant decisions you will make during the estate planning process. In British Columbia, an executor (also known as a “personal representative”) derives their authority from the will immediately upon the will-maker’s death. Their role is pivotal to ensuring your wishes are honored and your affairs are managed
Choosing an Executor in British Columbia: What You Need to Consider Read More »
For many executors in British Columbia, the probate process is a necessary hurdle to clearing a loved one’s estate. Simply put, probate is the legal procedure where the Supreme Court of BC confirms the validity of a will and grants the executor the authority to distribute assets. While the court’s “stamp of approval” provides essential
Probate Fees in BC: How They Work and How to Reduce Them Read More »
Buying a home that doesn’t exist yet can be a daunting prospect. A “pre-sale” purchase involves entering into a contract to buy a strata lot—usually a condo or townhouse—before construction is complete. In British Columbia, this process is heavily regulated by the Real Estate Development Marketing Act (REDMA) to ensure a fair playing field between
Pre-Sale Condo Purchases in British Columbia: Key Legal Protections for Buyers Read More »
When you buy property in British Columbia with another person—whether it’s a spouse, a business partner, or a family member—you have to make a critical legal decision: how will you hold the title? In BC, co-owners generally take title in one of two ways: as Joint Tenants or as Tenants-in-Common. While these terms sound similar,
Joint Tenancy vs. Tenants-in-Common in BC: What Property Buyers Need to Know Read More »
A title search is the cornerstone of due diligence in any British Columbia real estate transaction. Obtained from the Land Title and Survey Authority (LTSA), this document is more than just a confirmation of ownership—it is a comprehensive roadmap of the legal interests that benefit or burden a property. Whether you are purchasing a family
Understanding Title Searches in British Columbia: What Buyers and Sellers Need to Know Read More »
In the high-stakes world of real estate, issues sometimes arise that cannot be fully resolved by the closing date. Rather than delaying the entire transaction, parties often use a holdback—a portion of the sale proceeds withheld in trust and released only when specific conditions are met. In British Columbia, holdbacks are a vital tool for
Understanding Holdbacks in British Columbia Real Estate Transactions Read More »
The Bank of Canada has reduced their lending rate by 0.25% this morning. Great news for variable rate mortgage holders, as we expect the banks will follow suit in the coming days. While inflation remains a bit stubborn, the economy showed signs of weakness, particularly in the job loss category. It’s widely expected we will
Bank of Canada: Reduction of Lending Rate Read More »
Estate and incapacity planning can be confusing, especially with so many legal terms and documents to understand. Three of the most fundamental instruments in British Columbia—a will, an advance directive, and a trust—are often discussed together, but they each serve a distinct and important purpose. Understanding the differences between them is crucial for creating a
Melissa has 8+ years of combined Commercial, Business and Contract Law experience as In-House Counsel in manufacturing, health, real estate development, and broadcast communication industries. She is instrumental in developing strategies to minimize legal risk and ensure regulatory compliance.
She has 6+ years of Human Resources Management experience and a Chartered Professional in Human Resources (CPHR) designation. Her practice includes Family Law, Civil Litigation, Wills & Estates and Real Estate & Conveyancing.
For fun, she visits ancient sites and ruins and belts out popular Broadway tunes.
Northam Law is a boutique law firm offering advisory services in Real Estate Law and Conveyancing, Business Law, and Human Resources. Our practice areas also include Wills & Estates and Family Law. Notarization services are also available.
