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FREQUENTLY ASKED QUESTIONS

Types of Property Ownership in British Columbia

In B.C., there are several types of property ownership. Each has different legal implications, especially when it comes to selling, transferring, or inheriting property.

  • One person is the legal owner of the property.
  • The owner has full control over decisions involving the property.
  • Upon death, the property passes through the estate (probate is usually required).
  • Two or more people own the property equally and jointly.
  • Includes the right of survivorship—when one owner dies, their share automatically transfers to the surviving joint owner(s), outside of the will or probate.
  • Common for married or common-law couples.

Key Benefit: Avoids probate on the deceased owner’s share.

  • Two or more people own specific shares of the property (e.g., 50/50 or 60/40).
  • Each owner can sell or transfer their share independently.
  • No right of survivorship—when an owner dies, their share passes through their estate, not to the other owner(s).

Common Use: Co-owning with friends, siblings, or in second marriages where separate estate planning is preferred.

  • Ownership of an individual unit (e.g., condo or townhouse) plus shared interest in common property (like hallways, gardens, etc.).
  • Governed by the Strata Property Act and the strata bylaws.
  • Owners pay monthly strata fees and must follow community rules.
  • The property is leased for a fixed term (e.g., 99 years), usually from a government, First Nation, or university.
  • You own the right to occupy, but not the land itself.
  • Lease terms and resale conditions may be more restrictive.
Summary of Key Differences
Ownership Type Survivorship Goes Through Probate? Independent Sale Rights
Sole Ownership No Yes Full
Joint Tenancy Yes No (if surviving owner exists) No
Tenancy in Common No Yes Yes
Strata Ownership N/A Depends on ownership Yes (subject to bylaws)
Leasehold Ownership N/A Yes Often restricted

Need Help Choosing the Right Ownership?

As a Notary Public in B.C., I can explain your options and help you choose the best ownership structure for your goals—whether you’re buying with a partner, planning your estate, or investing.

Contact us today for guidance before you make a property decision.

Property Transfer Tax in British Columbia

When you purchase real estate in B.C., you are generally required to pay Property Transfer Tax (PTT). This tax is based on the fair market value of the property on the day it is transferred.

  • 1% on the first $200,000
  • 2% on the portion from $200,001 to $2,000,000
  • 3% on the portion from $2,000,001 to $3,000,000
  • 5% on the portion over $3,000,000 (for residential property)

B.C. offers a full or partial exemption from PTT for qualifying first-time buyers.

 Eligibility:

  • Canadian citizen or permanent resident
  • Never owned a principal residence anywhere in the world
  • Property will be your primary residence
  • Home value must be:
    • $500,000 or less for a full exemption
    • $835,000 or less Up to $8,000 in saving
    • $835,001–$860,000 for a partial exemption

Newly Built Home Exemption

This exemption helps purchasers of newly constructed homes save on PTT.

Eligibility:

  • The home is newly built or substantially renovated
  • Will be used as your primary residence
  • Home value must be:
    • $1,100,000 or less for a full exemption
    • $1,100,001–$1,150,000 for a partial exemption


Savings: Significant, depending on the value of the home

Understanding how these exemptions apply to your situation can be complex. As a Notary Public in B.C., I can help ensure you meet all requirements and submit the proper documents.

Contact us today to find out if you qualify and for assistance with your real estate transaction.

Restrictions on Foreign Buyers (As of 2023–2027)

Under the Prohibition on the Purchase of Residential Property by Non-Canadians Act, foreign nationals and foreign-controlled corporations are prohibited from buying residential property in Canada until January 1, 2027 (extended from 2025), with some exceptions.

Exemptions may apply to:

  • International students meeting specific conditions
  • Individuals with refugee protection
  • Certain temporary residents with work permits
  • Non-Canadians purchasing in rural or less populated areas.

Even if permitted to purchase, foreign buyers may face additional taxes, including:

  • Foreign Buyers’ Tax: 20% on top of the property transfer tax in certain regions (e.g., Metro Vancouver, Victoria, Fraser Valley, etc.)
  • Empty Homes Tax & Speculation and Vacancy Tax: May apply if the property remains unoccupied

As a Notary Public in B.C., I can assist with:

  • Reviewing purchase agreements
  • Explaining residency rules and tax implications
  • Preparing and registering your property documents


Contact us today for guidance tailored to your situation.

WILL

When someone dies without a will in B.C., they are said to have died intestate. This means that provincial laws decide how their estate is distributed—and it may not reflect their personal wishes.

Without a will, there is no named executor. Instead:

  • A family member (usually a spouse, adult child, or parent) must apply to the court to be appointed as administrator of the estate.
  • The administrator is responsible for collecting assets, paying debts, and distributing the estate according to the law.
  • The court may require the administrator to post a bond for the protection of beneficiaries.

Distribution of your estate is governed by the Wills, Estates and Succession Act (WESA). Here’s how it works:

If You Have a Spouse but No Children:

  • Your entire estate goes to your spouse.


If You Have a Spouse and Children:

  • Your spouse receives the first $300,000 if all children are with that spouse.
  • If you have children from a previous relationship, your spouse receives $150,000.
  • The remainder of the estate is divided:
    • 50% to the spouse
    • 50% divided equally among your children


If You Have Children but No Spouse:

  • Your children share the estate equally.


If You Have No Spouse or Children:

The estate goes to your next of kin in the following order:

  1. Parents
  2. Siblings
  3. Nieces and nephews
  4. Grandparents
  5. Aunts and uncles
  6. Cousins


If no heirs can be located, the estate goes to the Province of British Columbia.

If you have children under 19, not having a will can create uncertainty and delays:

Guardianship:

  • If the other parent is alive and capable, they usually assume full guardianship.
  • If not, the court will decide who becomes your children’s guardian—potentially someone you would not have chosen.


Inheritance:

  • Children under 19 cannot directly inherit money.
  • Their share is typically held by the Public Guardian and Trustee (PGT) until they turn 19.
  • Guardians must request access to the funds for the child’s needs, subject to approval by the PGT.
  • At 19, children receive their full inheritance outright—with no restrictions or financial guidance.

Need Help Creating a Will?

As a Notary Public in British Columbia, I can help you:

  • Prepare a legally valid and customized will
  • Appoint trusted guardians and executors
  • Protect your loved ones’ future and avoid unnecessary complications


Contact us to get started with your will or estate planning.

Probate Process in British Columbia

When someone passes away, their estate may need to go through probate—a legal process that confirms the validity of a will and gives the executor the authority to manage and distribute the estate.

Probate is the court process that:

  • Confirms the will (if there is one)
  • Appoints an executor or administrator
  • Grants legal authority to collect, manage, and distribute assets

Probate is typically needed when:

  • The deceased owned real estate in their name alone
  • Financial institutions require legal confirmation to release funds
  • There are significant or complex assets in the estate

 

Probate Fees in B.C.

Probate fees are calculated based on the value of the estate:

  • No fee for estates valued under $25,000
  • $6 per $1,000 (or part thereof) between $25,000 and $50,000
  • $14 per $1,000 (or part thereof) for amounts over $50,000

These fees are paid at the time the probate application is filed.

Steps in the Probate Process

  1. Locate the original will (if available)
  2. Determine if probate is required
  3. Prepare documents: death certificate, asset/liability list, notices to heirs
  4. File the application in the Supreme Court
  5. Pay probate fees
  6. Receive the Grant of Probate
  7. Administer the estate: pay debts, transfer assets, and distribute to beneficiaries

Power of Attorney in British Columbia

A Power of Attorney (POA) is a legal document that lets you appoint someone (your “attorney”) to make decisions about your financial and legal affairs on your behalf. It’s especially useful if you become ill, travel frequently, or lose capacity to manage your affairs.

A Power of Attorney does not authorize anyone to make health care or personal care decisions. For that, you need a Representation Agreement.

1. General Power of Attorney

  • Used while you are mentally capable
  • Allows your attorney to manage financial and legal matters
  • Ends if you become mentally incapable or pass away
  • Often used for short-term situations, like travel

2. Enduring Power of Attorney

  • Remains valid even if you become mentally incapable
  • Used for long-term planning and incapacity situations
  • Covers financial and legal matters, but not health care
  • Must be created while you are still mentally capable

3. Specific or Limited Power of Attorney

  • Gives authority for a specific task or period of time
    (e.g., selling property while you’re overseas)
  • Automatically ends when the task is complete or on a specified date
  • Ensures someone you trust can manage your affairs
  • Helps avoid court delays or government intervention
  • Protects your finances if you’re unable to act for yourself

If you become mentally incapable and don’t have a POA, your family or loved ones may face serious challenges. 

  • No one can access your finances or make legal decisions for you.
  • Your family must go to court to be appointed as your legal guardian (Committeeship).
  • The process is costly, time-consuming, and out of your control.
  • You won’t get to choose who handles your affairs.

Need Help Preparing a POA?

As a Notary Public in British Columbia, I can help you:

  • Choose the right type of POA
  • Prepare and notarize the documents
  • Ensure your wishes are legally protected


Contact us to book a consultation.

If you become mentally incapable and don’t have a POA, your family or loved ones may face serious challenges. 

  • No one can access your finances or make legal decisions for you.
  • Your family must go to court to be appointed as your legal guardian (Committeeship).
  • The process is costly, time-consuming, and out of your control.
  • You won’t get to choose who handles your affairs.

If you’ve created a Power of Attorney and wish to cancel it, you can do so at any time, provided you are still mentally competent.

Steps to Revoke a POA:

1. Prepare a Written Revocation

  • Draft a simple document stating that you are revoking your Power of Attorney.
  • Include your full name, the name of your attorney, the date the POA was signed, and a clear statement of revocation.


2. Sign and Date the Document

  • You must sign the revocation while mentally capable.
  • Notarizing the revocation is not mandatory, but strongly recommended for clarity and legal weight.


3. Notify Your Attorney

  • Provide a copy of the revocation to the person you appointed.
  • This is critical—your attorney may continue acting on your behalf until they’re made aware the POA is no longer valid.


4. Notify Third Parties

  • Inform any institutions (banks, Land Title Office, etc.) that may have received the original POA.
  • Provide them with a copy of the revocation to prevent unauthorized use.


5. Destroy All Existing Copies (If Possible)

  • To avoid confusion, retrieve and destroy all existing copies of the original POA, if you can.


Important Notes:

  • Revocation does not happen automatically if you create a new POA—you must revoke the previous one in writing.
  • If the POA has been registered with the Land Title Office, you must also file a Notice of Revocation using their official form.
  1.  

Need Help Revoking a POA?

I can assist with:

  • Drafting and notarizing your Revocation of Power of Attorney
  • Notifying the appropriate parties
  • Preparing a new POA if needed

 
Contact us today to ensure your legal documents reflect your current wishes.

Representation Agreement in British Columbia?

A Representation Agreement is a legal document that allows you to appoint someone you trust (your “representative”) to make health care and personal care decisions for you if you become incapable of making those decisions yourself.

This includes decisions about:

  • Medical treatment and medications
  • Living arrangements and personal care
  • End-of-life care
  • Day-to-day health needs


A Representation Agreement does not cover financial or legal matters — for that, you need a Power of Attorney.

1. Section 7 Representation Agreement (RA7)

  • For basic personal and health care decisions
  • Can be used even if a person has limited capacity
  • Often used by individuals with early cognitive decline or developmental disabilities

2. Section 9 Representation Agreement (RA9)

  • Covers broader health care decisions, including life-support or refusal of treatment
  • Requires the person to be mentally capable at the time of signing
  • Ideal for people wanting to make advanced plans for their health care

If you become incapable of making health decisions and don’t have a Representation Agreement:

  • Health care providers must follow B.C.’s Health Care (Consent) and Care Facility (Admission) Act, which appoints a Temporary Substitute Decision Maker (TSDM) from a legally ranked list (e.g. spouse, child, parent, sibling).
  • The person chosen may not be who you would have picked.
  • They may also be limited in the types of decisions they can make, especially around end-of-life care.
  • In more complex cases, your loved ones may need to apply to the court to be appointed as a guardian, which is time-consuming, stressful, and expensive.
  • Ensures your wishes are followed
  • Avoids legal delays and family conflict
  • Gives you control and peace of mind
  • Especially important if you’re single, don’t have close family nearby, or want someone outside your family to make decisions

Need Help Setting One Up?

As a Notary Public in B.C., I can:

  • Help you determine the right type of Representation Agreement
  • Prepare and notarize your documents properly
  • Answer any questions you may have about your rights


 Contact us today to protect your future health care choices.

Advance Directive in British Columbia?

An Advance Directive is a legal document that lets you give or refuse consent for specific medical treatments in advance, in case you’re unable to communicate your wishes later.

Advance Directive vs. Representation Agreement: What’s the Difference?

Both documents help you plan for future health care decisions, but they serve different purposes:

Advance Directive vs. Representation Agreement
Feature Advance Directive Representation Agreement
What it does States your medical treatment instructions directly Appoints someone to make decisions for you
Who makes decisions You, in writing (used only when you can't speak) Your chosen representative
Covers Specific health care treatments only Health care and personal care (housing, hygiene, etc.)
Appoints a person? ✘ No ✓ Yes
Used when You're incapable of giving consent You're incapable or need help making decisions
Flexibility Very limited – must be clear and specific More flexible – allows for discussion and judgment
Works with a POA? Yes Yes

1. Canadian Citizens

  • No restrictions
  • Eligible for full ownership and tax exemptions (like First-Time Home Buyer)
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2. Permanent Residents

  • Same rights as Canadian citizens
  • Must provide proof of residency status
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3. Foreign Nationals

  • May be restricted under current regulations (see below)
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4. Corporations

  • Canadian corporations can purchase property
  • Foreign-controlled corporations may be subject to restrictions or additional taxes
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