Glossary of Legal Terms

An estate grant is the general court authority document issued in probate matters, such as a grant of probate or a grant of administration. It confirms who has legal authority to deal with the estate.

Excluded property is property that may be excluded from the normal requirement to divide property between spouses. This can include certain gifts, inheritances, or property owned before the relationship. Whether property is excluded depends on the facts, and any increase in value may still need to be considered.

An executor is the person named in a will to carry out the will and handle the estate. The executor gathers assets, pays debts and taxes, and gives what is left to the right people. In some cases, the executor needs probate before banks or land title offices will deal with them.

An extraprovincial company is a foreign entity that must register under B.C. law if it begins carrying on business in British Columbia. The Act generally requires registration within two months after business begins in B.C.

Family property is property that spouses are generally entitled to share after separation under B.C. family law. It can include real estate, pensions, bank accounts, investments, and other assets.

Family violence includes conduct by a family member that is violent, threatening, coercive, controlling, or that causes someone to fear for their safety. It can affect parenting arrangements and protective orders.

Fee simple is the most complete form of private ownership of land. Even so, the land can still be subject to registered charges, zoning rules, and other legal restrictions.

A final order is a court order that is intended to settle an issue on a lasting basis, subject to any future variation or appeal rights. It is different from an interim order, which is temporary.

A financial statement is the court form used to disclose income, expenses, assets, and debts in family law cases. It is commonly required for support and property issues.

First directors are the initial directors identified when a company is first formed. They make up the first board until changed according to the law and the company’s documents.

Fixtures are items attached to land or a building in a way that makes them part of the real property. They are often treated differently from movable personal property in a sale.

Foreclosure is a court process a lender may use after a borrower defaults on a mortgage. It is a legal remedy aimed at recovering the debt secured by the property.

A grant of administration is the court document that authorizes an administrator to deal with an estate when there is no executor able to act. It gives the administrator legal authority to manage and distribute the estate.

A grant of probate is the court document issued after probate is approved. It confirms that the will can be relied on and that the executor has authority to act for the estate.

Under B.C. family law, a guardian is generally the person responsible for a child’s care and upbringing. A guardian may also have parental responsibilities and parenting time.

Incorporation is the legal process of creating a company. It sets up the company as its own legal entity, creates the basic rules the business will use, and can limit personal liability in many cases.

An incorporation agreement is the signed agreement required before a B.C. company can be formed. It is one of the core documents used in the incorporation process.

An incorporation application is the filing submitted to create a new company in British Columbia. It is part of the formal incorporation process with the corporate registry.

An incorporator is a person who enters into the incorporation agreement to form a company. The incorporator helps bring the company into legal existence.

An interim order is a temporary court order made before a trial or final order. It stays in effect until the court makes a further order or the parties reach another arrangement.