FAQ

Questions people ask us.

Straight answers to the questions we hear most often, about working with the firm and about wills and estates, real estate and business law in BC.

Working with Suncoast Law

Do I need an appointment?

Yes, please book ahead. An appointment means we can set aside time for you, look at any documents you send in advance and give your matter our full attention.

To book, call 604-886-0004 or email info@suncoastlaw.ca. Tell us briefly what you need help with and we will find a time that works.

Where is your office?

We are at 105 - 641 Mahan Road in Gibsons, BC. This is our new location, and we are now open there.

Directions, a map and our contact details are on the contact page.

Can you help me if I live elsewhere on the Sunshine Coast?

Yes. From our Gibsons office we work with clients across the Coast, including Roberts Creek, Sechelt, Halfmoon Bay, Pender Harbour, Madeira Park and Egmont.

Much of the work can be handled by phone and email. Some steps, such as signing and witnessing certain documents, are usually done in person. We will let you know what needs a visit and what does not.

What happens at a first meeting?

We listen first. You tell us what is going on and what you would like to achieve. We ask questions, look at any documents you have brought and explain your options in plain language.

By the end of the meeting you should know what the next step is, what we would do and what we need from you. There is no obligation to go further.

For a checklist of what to bring, see Your First Meeting.

How are fees handled?

Fees depend on the kind of work involved and how much of it there is. Ask us about fees before any work begins, so you know how you will be billed and what is included.

If your matter changes along the way, ask what that means for the cost. If you have questions about a bill at any point, ask us.

Do I need to bring ID?

Yes. Lawyers in BC are required to verify the identity of their clients before taking on most kinds of work. Please bring a piece of valid government-issued photo identification, such as a driver’s licence or passport, to your first meeting.

If you are acting for a company or another organization, we may also need documents that show it exists and that you are authorized to act for it. We will tell you what applies when you book.

Wills & Estates

What is a will, and why do I need one?

A will is a legal document that sets out who receives your property when you die and who is responsible for carrying out your wishes. That person is called your executor. A will can also name a guardian for minor children.

If you die without a valid will, BC’s Wills, Estates and Succession Act (often shortened to WESA) decides who inherits and in what shares. Those rules may not match what you would have chosen, and they can make things slower and harder for the people you leave behind.

What is the difference between a power of attorney and a representation agreement?

Both are documents you sign while you are alive and able, so that someone you trust can step in if you need help.

A power of attorney covers money and property. The person you appoint, your attorney, can deal with your bank accounts, bills, investments and real estate on your behalf. An enduring power of attorney keeps working even if you later lose the mental capacity to manage things yourself.

A representation agreement covers health care and personal care. The person you appoint, your representative, can make decisions about medical treatment, where you live and how you are cared for if you cannot make or communicate those decisions.

Many people put both in place at the same time as their will.

What is probate, and is it always needed?

Probate is a court process in which the Supreme Court of British Columbia confirms that a will is valid and that the executor has authority to deal with the estate. The court issues a document called a grant of probate.

Banks, the Land Title Office and others will often ask to see a grant of probate before they release or transfer assets. Whether probate is needed depends on what the estate holds and how it is owned. Some assets pass outside the estate, for example jointly held property or accounts with a named beneficiary.

We can review the situation and tell you whether a grant is likely to be required.

When should I review or update my will?

Whenever your life changes in a meaningful way. Common reasons include marriage or a new relationship, separation or divorce, the birth of a child or grandchild, buying or selling property, starting or selling a business, moving to BC from elsewhere, or the death of someone named in your will.

Even without a major change, it is a good habit to read through your will now and then to make sure it still says what you want. Small updates are often simple to make.

Real Estate

What does a lawyer do when I buy or sell a home?

The legal work of transferring property is called conveyancing. On a purchase, we review the contract, search the title at the Land Title Office, look for charges such as mortgages, easements and covenants, prepare the transfer and mortgage documents, receive and pay out the funds, and register you as the new owner.

On a sale, we prepare the transfer, arrange for any existing mortgage to be paid out and discharged, and make sure you receive the sale proceeds once the transfer is registered. In both cases we prepare a statement of adjustments so that taxes, utilities and other costs are shared fairly between buyer and seller.

When should I get a lawyer involved?

As early as you can. It is helpful to have us look at the contract before you sign it or remove your conditions, because that is when there is still room to fix a problem. At the latest, contact us as soon as your offer is accepted so that we have time to complete the searches and paperwork before your completion date.

If you have already signed, do not worry. Call us and we will pick it up from there.

What should I know about buying a strata property?

A strata property, such as a condominium or townhouse, means you own your unit and share ownership of the common property with the other owners. The building or complex is run by a strata corporation under BC’s Strata Property Act, and you are bound by its bylaws and rules.

Before you commit, it is wise to review the strata documents: the bylaws, recent meeting minutes, the financial statements, the depreciation report if there is one, and any notice of special levies or planned repairs. These tell you a great deal about how the building is managed and what costs may be coming. We can help you understand what you are reading.

Can you help with land use, development or subdividing a property?

Yes. Land use and land development are a particular focus of our practice. We assist with subdivision applications, rezoning and development permits, covenants, easements and rights of way, and the agreements that go with them.

This work usually involves the local government, the Land Title Office and other agencies. We help you understand the process, prepare the documents and deal with the parties involved.

Business Law

Should I incorporate my business?

It depends on your circumstances. A corporation is a separate legal entity from its owners under BC’s Business Corporations Act. That separation can protect your personal assets from business debts, and it can make it easier to bring in partners or investors and to sell the business later.

Incorporating also brings ongoing obligations, such as keeping corporate records and filing annual reports, and it is not the right fit for everyone. We talk through how you operate, who is involved and where you want the business to go, and help you weigh the options.

What is a shareholder agreement, and do we need one?

A shareholder agreement is a contract between the owners of a corporation. It sets out how decisions are made, what happens if someone wants to sell their shares or leave the business, how shares are valued, and what happens if an owner dies, becomes unable to work or the owners disagree.

If your corporation has more than one shareholder, an agreement is worth serious thought. It is far easier to settle these questions while everyone is getting along than to sort them out in the middle of a dispute.

What should I look at before signing a commercial lease?

Commercial leases are usually long, and they are written to favour the landlord. Before you sign, look closely at the term and any renewal options, the rent and what else you are expected to pay on top of it, such as operating costs, property taxes and utilities, and what the space may be used for.

Also check who is responsible for repairs, whether you can assign the lease or sublet if your plans change, and whether you are being asked to give a personal guarantee. We review the lease with you, explain what each clause means for your business and help you negotiate changes where they are needed.

General information, not legal advice. The answers on this page describe BC law in general terms and may not apply to your situation. Please contact us to discuss your circumstances.

Get in touch

Ready to talk? We are here on the Coast.

Call, email or visit us in Gibsons. We will listen, explain your options and set out a clear next step.

Prepare for your first meeting

Phone
604-886-0004
Fax
604-840-6060
Email
info@suncoastlaw.ca
Office
105 - 641 Mahan Road, Gibsons, BC