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 »
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
Many people think of a will as something to put off until later in life. But the truth is, a will is a fundamental estate planning document that provides clarity and peace of mind for you and your loved ones, and certain life events make it an absolute necessity. Here’s a look at the optimal
When Is the Best Time to Prepare a Will? The Answer May Surprise You Read More »
If you’ve recently moved to British Columbia or own assets here, you may be wondering if your Power of Attorney (POA) from another Canadian province or even a foreign country is still legally valid. It’s a critical question, as an invalid POA could prevent a trusted person from managing your financial and legal affairs if
My Power of Attorney is From Another Province. Is it Valid in BC? Read More »
A Power of Attorney (POA) is a powerful and essential legal document, but it’s not set in stone. Circumstances can change—relationships evolve, or you may simply decide you want to appoint a different person to manage your affairs. Fortunately, you can revoke or change a POA, but it’s crucial to follow the correct legal steps
How to Revoke or Change a Power of Attorney in British Columbia Read More »
Powers of attorney are essential legal instruments in estate and incapacity planning, allowing individuals to appoint trusted persons to manage their financial and legal affairs. In British Columbia, the law distinguishes between several types of powers of attorney, each with distinct features, legal requirements, and practical applications. This article provides a detailed analysis of the
Understanding the Differences: Powers of Attorney in British Columbia Read More »
In British Columbia, a will-maker (testator) has the crucial responsibility of appointing one or more executors in their will under the Wills, Estates and Succession Act (WESA). The executor plays a vital role, being responsible for administering the deceased’s estate according to the instructions in the will and the law. To qualify, an executor must
Appointing an Executor in British Columbia Read More »
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.
