Frequently Asked Questions
Common legal questions often sit at the edge of a bigger issue. This FAQ hub brings together short, plain-language answers across family law, real estate, wills and estates, and corporate matters so people can get oriented without digging through long legal articles.
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- Wills & Power of Attorney
Not necessarily. In British Columbia the Health Care (Consent) and Care Facility (Admission) Act provides a system for appointing a temporary substitute decision maker based on certain family relationships. If you do not want the individual provided by the Act to make your decisions you may need a Representation Agreement. In addition having a Representation Agreement keeps decision making clear and avoids delay or arguments during what tends to be a difficult time.
The cost of making a representation agreement varies depending who is writing the agreement, the complexity of the situation, and the capacity and location of the writer and appointed representatives. At Woolley & Co. we write Representation Agreements starting at $500 + tax.
A representation agreement allows you to designate someone as your representative to make decisions about health-care should you be unable to make those decisions yourself.
In some situations, yes. BC’s Partition of Property Act can allow an interested party in land to apply for partition or sale when co-owners cannot agree. These matters can be fact-specific, especially when family relationships, contributions, mortgages, occupancy, or fairness concerns are involved. Legal advice is important before assuming a sale can or cannot be forced.
People often use “lease” and “rent” casually, but the right arrangement depends on the property, term, use, and legal relationship involved. In BC residential tenancy language, a tenancy agreement may also be called a lease, and it can include fixed-term or periodic arrangements. Legal review can help clarify rent, renewal, repairs, deposits, permitted use, and what each side is agreeing to before signing.
Co-ownership means more than one person has an ownership interest in the same property. In BC, co-owners may hold title in different ways, and the legal effect can matter for sale rights, survivorship, estate planning, financing, expenses, and disputes. A lawyer can help review title, explain the ownership structure, and prepare terms that address responsibilities before conflict or confusion develops.
An easement is a legal right connected to land that lets someone use part of another property, or restricts certain use of land, for a specific purpose. Common examples include access, driveways, utilities, drainage, or rights-of-way. A lawyer can help review what the easement actually allows, who benefits, who is burdened, and how it affects a sale, development plan, neighbour issue, or future property use.
In many BC builder’s lien situations, the deadline is 45 days from the applicable triggering event, such as a certificate of completion or completion, abandonment, or termination of the head contract or improvement. The exact trigger can be complicated, and missing the deadline can extinguish lien rights. Legal advice is important before assuming the deadline has or has not passed.
A builder’s lien is a legal claim that may be filed against land when someone who supplied work or materials for an improvement has not been paid. In BC, lien rights are technical and deadline-driven, and a lien can affect title, financing, sale proceeds, and dispute strategy. A lawyer can help assess whether the lien is valid, whether it was filed on time, what documents are needed, and how it may be removed, enforced, or resolved.
A parent may be able to transfer property to a child for less than market value, but it should not be treated as a simple shortcut. A below-market transfer can raise property transfer tax, mortgage, estate, family law, creditor, capital gains, and fairness issues. Legal advice is especially important before signing anything because the long-term consequences may be much larger than the stated sale price.
Yes, several BC and Canadian rules can affect residential purchases, depending on the property and buyer. Examples include the home buyer rescission period, property transfer tax exemptions, the BC home flipping tax, and federal restrictions on some non-Canadian buyers. Legal guidance is valuable because these rules can affect eligibility, timing, closing costs, exemptions, and what should be reviewed before signing.
Residential transactions usually involve homes, condos, townhomes, or other property used for personal living. Commercial transactions often involve business premises, income-producing property, leases, GST considerations, financing structures, environmental issues, or more complex due diligence. A lawyer can help identify which rules, documents, taxes, and closing steps apply before the deal moves too far.
The Divorce itself will need to be obtained through the courts, but all issues surrounding the divorce can be resolved through mediation making the final divorce order much easier to obtain. A lawyer can help you understand whether negotiation, mediation, court steps, or a combination of approaches is the better path for your situation.
The cost of mediation in BC depends on the mediator, the number of sessions, preparation time, whether lawyers attend, and how many issues need to be resolved. Mediation is often less expensive than a full court process, but it still deserves careful preparation. A lawyer can help you focus the issues, gather the right information, and review any agreement before it is signed.
Mediation is a process where a neutral mediator helps people discuss disputed issues and work toward an agreement. The mediator does not take sides or make decisions for either person. Legal advice is still valuable because a lawyer can help you prepare, understand your rights, review proposed terms, and avoid agreeing to something unclear or difficult to follow later.
Child support for one child in BC usually depends on the paying parent’s income, the parenting arrangement, and the Federal Child Support Guidelines. The table amount is only part of the analysis because special expenses, shared parenting time, income questions, and unusual circumstances can affect the result. Legal advice is valuable before relying on an online estimate or informal agreement.
In BC, the law usually focuses on guardianship, parenting time, and parental responsibilities rather than the older word “custody.” Parenting arrangements should be based on the best interests of the child, including safety, stability, needs, relationships, and practical caregiving. A lawyer can help turn general legal principles into clear terms that fit the child, the parents, and the family’s actual circumstances.
There is no such thing as a “legal separation” in BC. The date upon which a separation occurs is a legal finding based upon a number of factors. When referring to a legal separation people often mean that they have resolved the issues from their separation in a legally binding agreement or court order.
A partner’s entitlement in a BC divorce depends on the facts. Family property and family debt are generally divided equally unless there is a legal reason for a different result, while excluded property, child support, spousal support, parenting arrangements, and occupation of the family home may require separate review. Legal advice is valuable because informal assumptions about “who gets what” can miss important rights or obligations.
Separation and divorce are two different things. Separation occurs when at least one spouse intends to end the relationship and that intention is acted on or communicated, although the exact date of separation can sometimes be a complicated question depending on whether there was a physical separation, how the spouses continued living, and other factors. Divorce is the legal end of a marriage. Many parenting, support, property, and debt issues can be dealt with while spouses are separated, but a divorce is still required before either spouse can remarry.
The cost of a power of attorney in BC depends on the lawyer, whether it is prepared on its own or with other planning documents, and whether the situation involves real estate, business interests, family conflict, or special instructions. Legal help adds value by making sure the authority is clear, the document is properly prepared, and the person you appoint can rely on it when it is needed.
Our prices for a Power of Attorney are competitive starting at $335 + tax.
You are not always required to use a lawyer to make a will in BC, but legal advice can be very important. The proper Will is only one part in effective estate planning. A lawyer can help make sure the will reflects your wishes, uses clear wording, deals with executor and beneficiary issues, and is signed and witnessed properly. Template documents can seem cheaper at first, but mistakes, unclear wording, or missing planning details can create much larger problems for the estate later.
The cost of making a will in BC depends on the lawyer, the documents needed, and the complexity of the family, property, business, or estate issues involved. A simple will may cost less than a plan involving blended families, minor children, real estate, trusts, or business interests. The value of legal help is that the will is prepared around your actual circumstances, signed properly, and less likely to create confusion later.
Woolley & Co. provides will writing services starting at $600 + tax.
After probate is granted, the executor can usually move forward with gathering estate assets, dealing with banks or property, paying debts and expenses, addressing tax steps, communicating with beneficiaries, and distributing the estate according to the will once it is appropriate to do so.
Not always. A bank’s requirements can depend on the value of the account, how the account was held, whether there is a named beneficiary, the institution’s policies, and whether the bank is satisfied with the executor’s authority. Larger or more complex estates are more likely to require probate.
An executor should be careful about using or withdrawing estate funds before the bank confirms what authority it requires. Some financial institutions may freeze accounts after death, while others may release funds for limited estate expenses or after receiving probate or other documentation.
Estate planning is the process of deciding what should happen to your property, finances, and certain personal decisions if you pass away or can no longer make decisions yourself. It may involve a will, power of attorney, representation agreement, advance directive, and related planning.
The cost of estate planning in Canada depends on the documents needed, the lawyer or notary involved, the province, and the complexity of the family, property, business, or tax issues. A simple plan may cost less than a plan involving blended families, trusts, business interests, or multiple properties.
The steps often include identifying your goals, listing assets and debts, choosing trusted decision-makers, considering beneficiaries and dependants, preparing the right documents, signing them properly, and reviewing the plan when life changes. The exact steps depend on your family, property, and wishes.
Common business structures include sole proprietorships, partnerships, corporations, and other arrangements depending on ownership, risk, tax planning, liability, financing, and growth plans. The right structure depends on what the business is doing and where it is headed.
Corporate maintenance is the ongoing legal record-keeping a corporation needs after incorporation. It can include annual reports, resolutions, minute book updates, registers, director changes, shareholder changes, registered office details, and other records that show the company is properly organized.
Important terms often include scope, payment, deadlines, responsibilities, renewal, termination, liability, dispute steps, confidentiality, and what happens if one side does not follow through. The most important clauses depend on the deal itself.
Sometimes. A written contract is usually easier to prove and interpret, but some verbal agreements may still create legal obligations depending on the facts. Important business terms are usually safer when they are clearly written down.
Often, yes. A review can be especially useful if the contract affects payment, liability, ownership, services, property, renewal rights, or how the relationship can end. It is usually easier to address unclear or one-sided wording before the contract is signed.
While they serve a useful purpose, corporations are more complex and come with a set of requirements to keep them current and in good standing. This often leads to additional costs versus a sole proprietorship or partnership.
Corporate structuring generally means organizing how a company is set up and governed, including ownership, share structure, internal roles, and the legal documents that support those decisions. Properly structuring your corporation at the beginning can save you money in the long term.
Sometimes yes, but it depends on the business. The main reasons for incorporation are limited liability, lower tax rates, and easier access to capital. The decision to incorporate is very case specific, and you should discuss this with a lawyer to see if it is the right option for you.
Incorporating means creating a corporation, which is a separate legal entity owned by shareholders rather than simply operating as a sole proprietorship or partnership.
Not always, but it can be a very good option when both people are able to participate meaningfully and want to work toward an agreement. Mediation is neutral and does not replace legal advice, while litigation may be necessary when safety, non-disclosure, delay, or major conflict makes settlement unrealistic.
Common family dispute resolution options include negotiation, mediation, collaborative law, and arbitration. In some parenting disputes, parenting coordination may also be available after an agreement or order is already in place.
In BC, property division usually starts with family property and family debt, but excluded property can be treated differently. What counts as excluded, and what increase in value may still be divisible, depends on the facts and how the property was handled during the relationship.
Often, yes. BC family-law resources say mediation can help people resolve parenting and support issues without going to court, though mediators are neutral and do not give legal advice.
Child support is generally based on the Child Support Guidelines, but the exact amount can depend on parenting arrangements, income, and other circumstances. BC family-law resources and Family Justice services treat child support as one of the most common issues after separation.
Family law can include parenting arrangements, child support, spousal support, separation, divorce, guardianship, agreements, mediation, and court-related matters when people cannot reach an agreement.
That depends on the children’s ages, the type of assets involved, the family structure, and whether timing or conditions matter. Legal advice can help make sure the overall plan fits your intentions and avoids gaps between your will and other planning decisions.
The CPP death benefit is a one-time payment that may be payable to the estate or another eligible person on behalf of a deceased CPP contributor. Government of Canada sources describe it as a payment of up to $2,500.
Probate is a court process used to confirm that a will is valid and that the executor has authority to act. It can involve court forms, notices, asset information, and steps that need to be handled before certain assets can be transferred.
Not necessarily. Financial institutions and other asset holders can require probate before they will accept the will and transfer estate assets. An executor often needs to show proof of authority before gaining access to certain accounts or property.
This area can include estate planning, wills, powers of attorney, probate, estate administration, and related legal matters tied to incapacity planning or handling affairs after a death.
That can happen. For instance, family disputes often trigger requirements for real estate law, corporate restructuring, and estate planning. We are experienced in several areas of law and will identify if such an overlap occurs.
Yes. We help clients with real estate matters through both our Vernon and Lumby office locations.
That usually depends on the main issue you are dealing with right now, whether it is a transaction, a title concern, or an agreement tied to shared use or occupancy.
Real estate law can include purchases, sales, refinancing, transfers, leases, co-ownership agreements, builder’s liens, easements, covenants, and other title-related or property-related matters.
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