Do Wills Need to Be Notarized in British Columbia?

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Many people contact our office asking if their Will needs to be notarized to be valid in British Columbia. The answer is no. Under the Wills, Estates and Succession Act (WESA), a Will does not need notarization. What matters is that the Will is properly signed and witnessed according to the rules set out in the legislation 

What Makes a Will Valid in BC?

For a Will to be legally valid in British Columbia, it must meet these requirements:

  • The Will must be in writing.
  • The Will must be signed at the end by the will-maker.
  • The will-maker’s signature must be witnessed by two individuals who are present together at the same time.
  • The witnesses must also sign the Will in the presence of the will-maker and of each other.
  • Witnesses should be adults who are not beneficiaries under the Will or spouses of beneficiaries.

Once these steps are followed, the Will is legally valid in British Columbia. No notarization is required.

Why Notarizing a Will Can Be Misleading

Sometimes clients ask us to notarize a Will they drafted themselves. Notarizing a Will can create confusion because it may give the impression that:

  • The Will has been reviewed by a legal professional, and
  • The Will is legally sound and suitable for the person’s estate plan.

In reality, notarization only confirms identity and signature. It does not confirm that the Will meets the requirements of WESA or that it properly carries out your wishes. When we provide notarization services, we do not give legal advice or review the contents of the Will. If a notary witnesses your Will, it could wrongly suggest that the document has been legally reviewed or approved.

Why Professional Estate Planning Matters

A Will is one of the most important legal documents you will ever make. Small mistakes in wording, signing, or witnessing can cause serious problems later. These problems may include disputes among family members, unnecessary costs, or delays in the probate process. By having your Will prepared or reviewed by a qualified legal professional, you can ensure that:

  • Your wishes are expressed clearly and legally,
  • The document complies with WESA, and
  • Your loved ones will face fewer complications when settling your estate.

Final Thoughts

In summary, a Will does not need to be notarized in British Columbia. It only needs to be signed and properly witnessed under the rules of WESA. However, having your Will professionally prepared or reviewed is the best way to make sure it works as intended.

If you need help preparing or updating your Will, our office is here to provide estate planning services tailored to your situation. Contact us today to ensure your Will gives you and your family peace of mind.

A Costly Surprise for Foreign National Property Owners in BC

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A lovely couple in their 70s recently came to us for Will and estate planning services. They had been permanent residents of Canada about 20 years ago but later relinquished their status when they could no longer meet the residency requirements. Today, they are non-residents for tax purposes.

Two decades ago, they purchased a rental property in BC for $300,000. That same property is now worth approximately $1,800,000. They hold title as joint tenants, which generally means that when one owner passes away, the surviving owner automatically becomes the sole owner of the property through the right of survivorship.

However, they were unaware of a critical exception. The usual property transfer tax exemption on a transfer between joint tenants at death is not available to foreign nationals. Under the Property Transfer Tax Act, the definition of a “foreign national” is taken from the Immigration and Refugee Protection Act. This means a person who is not a Canadian citizen or a permanent resident.

For our clients, this meant that if one of them were to pass away, half of the property’s value (around $900,000) would be subject to the 20% Additional Property Transfer Tax, which is commonly known as the “foreign buyer tax.” That would result in an extra $180,000 payable to the province simply because they are no longer permanent residents.

This revelation was shocking enough. The situation was made worse by the fact that they are sitting on a substantial unrealized capital gain. Generally, the spousal rollover provision that allows property to transfer to a spouse at death without triggering immediate capital gains tax is not available for non-residents.

Given the significant potential tax burden, we immediately urged our clients to obtain detailed tax advice from a qualified accountant. We then worked closely with their accountant to develop a strategy that would:

  • Avoid triggering the Additional Property Transfer Tax
  • Minimize the income tax payable on the capital gain
  • Ensure their estate plan still reflected their testamentary wishes

This case is a strong reminder that tax residency status and property ownership structure can have profound and costly implications in estate planning, especially for non-residents.

Choosing the Right Executor for Your Will: What You Need to Know

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One of the most important decisions you’ll make when preparing your Will is choosing your executor. This person will be responsible for carrying out the instructions in your Will, managing your estate, and ensuring that your final wishes are respected. It’s a role that requires trust, responsibility, and attention to detail. Here's what to consider when deciding who should take on this vital task.

1. Trustworthiness is Key

Your executor will have access to your financial records, assets, and personal information. They’ll be tasked with distributing your estate according to your wishes. Choose someone who is honest, ethical, even-handed and capable of handling sensitive information discreetly.

2. Organizational and Financial Skills

The role of executor involves a significant amount of paperwork and coordination. Tasks include:

  • Locating, securing and managing assets
  • Paying debts and taxes
  • Filing final income tax returns
  • Distributing assets to beneficiaries

While they don't need to be a financial expert, some level of financial literacy is highly beneficial. Alternatively, they can work closely with professionals such as notaries, financial advisors or accountants.

3. Emotional Readiness

The executor will likely take on their duties during a time of grief. Consider whether the person you're choosing can remain level-headed and reliable during emotional circumstances. It’s often wise to avoid selecting someone who may be too emotionally impacted by your passing.

4. Willingness and Availability

Your executor must be willing to accept the role and have the time to perform their duties. Settling an estate can take at least a year —or possible several years—so avoid choosing someone whose personal or professional obligations might prevent them from following through.

5. Age and Longevity

Ideally, your executor should be younger than you or at least expected to outlive you. They should also be in good health and mentally capable of managing complex responsibilities when the time comes.

6. Location Considerations

While it's not mandatory for an executor to live in the same area or country, doing so can make the administration process smoother. Naming an executor who is not a Canadian citizen or permanent resident may trigger additional property transfer tax if you own any real estate. If the executor is a non-resident for income tax purposes, your estate will face some complicated and unnecessary income tax issues.

7. Family Dynamics

If you're considering a family member or one of the beneficiaries under your Will, think carefully about the dynamics among them. Naming one child over another can unintentionally cause friction. In blended families or contentious situations, a neutral third party may be a better choice.

8. Professional Executors

If no suitable person comes to mind, you can appoint a professional—such as a notary public, or a trust company. This can be especially useful for complex estates or where impartiality is needed.

9. Backup Executor

Always name one or more alternate executors in case your first choice is unable or unwilling to serve. Life circumstances change, and having a backup avoids unnecessary delays in administering your estate.

Final Thoughts

Choosing the right executor is not just about naming someone in your Will—it’s about ensuring your legacy is handled with care and your beneficiaries are treated fairly. Discuss the role with your chosen executor beforehand, and review your Will periodically to ensure your choice remains appropriate.

If you have questions about estate planning or would like to make a Will, we’re here to help.

Email us at general@compassnotary.com or call us at 604-256-8300 to schedule a consultation.

Let’s ensure your wishes are clear and your loved ones are protected.

Old Citibank Canada Mortgage Still on Title? Here’s How We Helped a Client Clear Hers

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A client recently came to us with a surprising issue. She was preparing to sell her home when she discovered that a Citibank Canada mortgage, registered almost 40 years ago, was still on the title. She told us she had paid off the mortgage over 20 years ago and had no idea why it hadn’t been discharged.

To make matters more complicated, Citibank no longer operates a retail banking or mortgage lending division in Canada. She didn’t know where to start or who to contact.

After some research, we learned that one of the major Canadian banks had acquired Citibank Canada's mortgage portfolio and now manages its administration. We were able to connect with the appropriate department and expedite the discharge process on her behalf.

If you’re facing a similar issue with an old or lingering mortgage on title, don’t hesitate to reach out. We’re here to help.

Contact Compass Notary today to book a consultation.
Email us at general@compassnotary.com
Or call us at 604-256-8300

Let us take the stress out of clearing your title.

Unexpected Mortgage on Title? Here's How We Helped a Client Clear a 34-Year-Old Issue with a Firstline Trust Company Mortgage

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A client recently came to us needing help with a transmission, following the unfortunate passing of her parent. During our initial title search, we discovered a mortgage in favour of Firstline Trust Company, registered 34 years ago, still showing on the title of her home. She was certain the mortgage had been paid off long ago and was understandably puzzled by its continued presence.

Although Firstline Trust Company still maintains a website and a contact email, our client never received a response. Further investigation revealed that Firstline Trust is now a subsidiary of CIBC Mortgage Inc., which itself falls under Canadian Imperial Bank of Commerce (CIBC).

When we reached out to CIBC, their initial reply stated that they had no record of the mortgage and did not understand why we were contacting them at all. However, after we presented supporting information, CIBC escalated the matter. With our persistence and the right documentation, we were eventually able to resolve the issue and discharge the mortgage.

If you're dealing with an old mortgage that’s still on title—even one tied to a company that no longer exists—we can help.

Contact Compass Notary today to book a consultation.
Email us at general@compassnotary.com
Or call us at 604-256-8300

Let us handle the paperwork so you can focus on what matters.

Understanding the Property Transfer Tax (PTT) in BC—and How First-Time Buyers Can Save

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If you're buying your first home in British Columbia, you've probably heard about the Property Transfer Tax (PTT). This is a tax you pay to the provincial government when you purchase property. It is separate from your down payment and it cannot be part of your mortgage. For many first-time buyers, it can be an unexpected expense.

Here's how PTT is calculated:

  • 1% on the first $200,000 of the home's price
  • 2% on the portion between $200,000 and $2 million
  • 3% on anything above $2 million

For example, if you're buying a $600,000 condo, your PTT would be approximately $10,000. That's a significant amount!

The Good News:

As a first-time home buyer, you might be eligible for a PTT exemption. 

Effective April 1, 2024, if your home has a fair market value of $835,000 or less, you may qualify for a full or partial exemption. Specifically:

  • Full exemption on the first $500,000 of the purchase price
  • Partial exemption for homes valued between $835,000 and $860,000

To qualify, you must:

  • Be a Canadian citizen or permanent resident
  • Have lived in BC for at least one year immediately before the registration date (typically the completion date)
  • Have never owned a principal residence anywhere any time in the world

To continue to qualify after completion, you must:

  • Move into the home within 92 days of the registration date
  • Continuously occupy your home for at least one year from the registration date

For detailed information on eligibility and application, visit the First Time Home Buyers' Program page on the BC government's website.

Navigating these exemptions can be complex, but they can save you thousands of dollars. If you're unsure about your eligibility or how to apply, consulting with a notary public can provide clarity and ensure you don't miss out on potential savings.

Buying a Condo or Townhouse in BC? Here’s What’s in Your Strata Welcome Package

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If you’re buying a strata property in British Columbia such as a condo or townhouse, you’ll go through a series of steps during the real estate conveyancing process. As a notary public, I guide clients through each stage, from reviewing the Form B: Information Certificate to preparing closing documents.

One important set of materials you’ll receive before moving in is the strata “welcome package.” While this package isn’t part of the formal legal forms, it contains practical information that will help you settle into your new home with ease.

The welcome package is intended to help you understand how your building or complex is run and make your move-in as smooth as possible. While the exact contents vary between strata corporations, you can usually expect to find:

  • Contact Information – Details for the strata management company, emergency numbers, and your strata council.
  • Move-In Instructions – Guidelines for booking elevators, paying move-in fees, and rules for moving furniture or large items.
  • Access Information – How to obtain keys, fobs, garage remotes, and any entry codes.
  • Strata Rules and Bylaws – A copy of the governing documents that outline what is and isn’t allowed in your building or complex.
  • Forms and Applications – Parking and storage locker assignment forms, pet registration forms, and renovation request forms.
  • Monthly Fee Payment Instructions – How to set up payments for your monthly strata fees and any other charges.
  • Waste and Recycling Guidelines – Pickup schedules and rules for garbage, recycling, and compost disposal.

If you’re buying a condo or townhouse in BC, it’s a good idea to review your welcome package as soon as you receive it. This will help you avoid surprises, understand your responsibilities, and get familiar with the building’s procedures.

Every complex handles the delivery of the welcome package differently. Some provide us the welcome package electronically before completion. Some email them to you. Some physically deliver them to the new owner. Some mail them to the new owner. If you do not receive the welcome package, please reach out to your strata management company.

If you have questions about your welcome package or any of the strata documents you receive, your notary can help explain them so you can move in with confidence.

“Notice of Interest, Builders Lien Act” Explained

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Notice of Interest under the Builders Lien Act: What You Need to Know

The word lien can be intimidating. When combined with the word builder, it often causes even more concern. This reaction is understandable. But what exactly is the "Notice of Interest, Builders Lien Act" notation you sometimes see on a property title? And should buyers or realtors be worried?

 

Key Takeaway for Buyers and Realtors

If you are purchasing a property and notice a "Notice of Interest, Builders Lien Act" on title, there is no need for alarm. This is not a financial charge or encumbrance against the property. At our office, we typically request that the seller’s notary or lawyer have it removed during the conveyance process. However, not all legal professionals take the same approach. Still, the presence of this notice does not affect your ownership rights or ability to use the property.

 

Understanding a Builder’s Lien

A builder’s lien is a legal mechanism that protects workers and suppliers involved in construction. If someone provides materials or services but is not paid, they have the right to register a lien against the property. This must be done within a specific timeframe and serves as security for the unpaid work.

 

Importantly, this right is not limited to those hired directly by the property owner. It also applies to subcontractors and suppliers who may not have a direct relationship with the developer or landowner. As a result, a builder’s lien can be registered even if the owner has paid their contractor in full, which can feel unjust from the owner’s perspective.

 

What Is a Notice of Interest?

To help protect themselves, developers or landowners can register a Notice of Interest under the Builders Lien Act. This notice sets out that only those who have been directly hired by the owner or developer may file a lien.

This notice is intended to protect the original owner or developer during the course of the project. It does not offer any protection or benefit to future owners. For that reason, the notice is typically removed when the property is sold.

 

When Should It Be Removed?

In new developments, the developer’s lawyer may remove the notice once the property is sold to the first buyer. If this step is overlooked, it should be addressed during any future sale of the property.

 

For Legal Practitioners: How to Remove the Notice

If you are acting for the current owner and need to remove a Notice of Interest, you can do so in one of two ways:

  1. By registering a Form C – Release, signed by the current owner; or
  2. By filing a Form 17 – Cancellation, accompanied by a letter to the Land Title Office. The letter should be signed by the legal representative of the current owner and confirm that the notice has been fully discharged.

10 Ways to Reduce or Avoid Mortgage Prepayment Penalties When Selling Your Home in BC

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As a Burnaby notary public specializing in real estate conveyance, I often help sellers or borrowers who are selling their property, refinancing or switching their mortgage to another bank. They are surprised to learn that paying out their mortgage early can trigger a mortgage prepayment penalty. This penalty, also called a prepayment charge, can be thousands of dollars and is charged when your payout date does not exactly match the maturity date of your mortgage term.

If you are planning to pay off your mortgage early, there are ways to reduce or even avoid this penalty. Here are ten strategies to consider before you list your property or decide on a refinance date.

1. Align the Completion Date or Funding Date with Your Mortgage Maturity or Renewal Date

If possible, set your completion date or funding date to match the day your mortgage term ends or renews. Lenders usually do not charge a penalty when the mortgage term naturally expires. Having said that, it is prudent to confirm with your bank to determine whether you should instruct them to renew into an open term as your mortgage is usually paid off between 1-3 business days from the completion date or funding date, depending on whether a payout option is available locally.

2. Use Your Prepayment Privilege Before the Sale or Mortgage Refinance/Switch

Many mortgages allow a lump-sum annual prepayment, often 10 to 20 percent of the original principal, without penalty. Making this payment before selling can lower the remaining balance and reduce the penalty. Keep in mind that some lenders allow prepayments anytime and some only prepayment on normal payment dates.

3. Port Your Mortgage to Your Next Property

If you are buying another home, ask your lender about porting your existing mortgage. This transfers your current mortgage to the new property without triggering a payout penalty.

4. Negotiate with Your Lender

If you are taking out a new mortgage with the same lender, they may be willing to reduce or waive the penalty to keep your business.

5. Sell During an Open Prepayment Period

Some mortgages allow full repayment without penalty during an open window near the end of the term or on specific anniversary dates. Check your mortgage contract to see if this applies to you.

6. Switch to an Open Mortgage Before Selling

If you know you will be selling soon, converting your closed mortgage to an open mortgage can allow you to pay it off without penalty. While open mortgages usually have higher interest rates, this short-term cost may still be lower than the penalty.

7. Watch for Interest Rate Changes

If your penalty is based on the interest rate differential (IRD), rising interest rates can lower the penalty amount. Timing your sale after such a shift may save you money. If your penalty is based on three months of interest, paying out after Prime rate is expected to drop (or conversely, payout before Prime rate is expected to increase) will give you some saving.

8. Use a Blend-and-Extend Option

Some lenders offer a blend-and-extend option, combining your current mortgage rate with a new rate over a longer term. This can reduce the penalty when you eventually sell. This strategy requires a very experienced mortgage specialist with your current lender to be successful as a lot of the policy and procedure are opaque at best.

9. Utilize Other Prepayment Privileges

Many lenders allow you to increase mortgage payment and double up on payments. This strategy takes time to implement so it is important to play well in ahead of your sale or mortgage refinance/switch.

10. Work Collaboratively with a Notary

Minimizing mortgage prepayment penalty is not an ordinary part of the conveyance or refinance process. Some lenders do not allow prepayment options to be exercised once the notary has requested a payout statement from them. While the legality of this practice is questionable, it is nonetheless helpful if you inform your notary at the onset of your engagement that you wish to take active steps in minimizing your prepayment penalty.

Final Tip: Every mortgage agreement is different, and the right strategy depends on your lender’s terms. If you are selling a property in Burnaby or anywhere in BC, our notary office can review your payout statement, explain your options, and work with you to reduce your mortgage prepayment penalty upon request.

Contact us today to discuss your real estate conveyance needs and ensure a smooth and cost-effective sale.

Why You Should Have a Travel Consent Letter for Your Child

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If your minor child is travelling outside Canada without you, whether with relatives, friends, a school group, or their other parent, a travel consent letter can help ensure a smooth trip and avoid delays at border crossings.

A travel consent letter is a document signed by parents or legal guardians giving permission for a child to travel abroad with someone else. While it is not a legal requirement, Canadian border officials and many foreign authorities strongly recommend it. Without one, the accompanying adult may face extra questioning, travel delays, or even denial of entry.

Why notarize it?
A notarized consent letter adds credibility. It confirms that the signatures are genuine and reduces the risk of suspicion or disputes. This is especially helpful in situations involving shared custody or blended families.

Where to find a template
The Government of Canada provides a free, fillable travel consent letter template on its website, along with instructions:
Government of Canada – Recommended Consent Letter for Children Travelling Abroad

Before your child’s trip, we can review your completed letter, confirm your identity, and notarize it. This gives you peace of mind that you have done everything possible to help their travels go smoothly.

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