Nanaimo Notary Blog

I want to add my common-law spouse on to the title of my property. Someone said that I should not have to pay any Property Transfer Tax. Can you confirm this?

In order for your common-law spouse to be exempted from the Property Transfer Tax, they and the property would first have to meet a number of criteria.  You did not state whether this was your principal residence or not, but assuming that it is your principal residence which is a single family dwelling with no

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June 15th was World Elder Abuse Awareness Day

The often hidden but prevalent problem of older people being physically, emotionally or financially abused at the hands of strangers, acquaintances and even family members is something we all need to be aware of.  It’s too-often a family member pressuring a grandparent, parent or other elderly family member for money or getting an older person

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Did you know that holdbacks apply for a non-resident’s sale of residential property in BC?

The sale would be subject to a 25% holdback of the sale price until CRA issues a Clearance Certificate.  If the property has been a revenue-generating property, the holdback would be 25% of the land and 50% of the improvements.  It can take 4 months to have a Clearance Certificate issued, so accountants should start

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We hate to talk about fees, but they are a reality…

Q.  My parents have health and mobility issues so doing something like getting to your office is the kind of task that is often exceedingly difficult, stressful and anxiety-inducing for them.  I am a little upset that they would be held hostage to “choose” to pay your fee for a home visit as they really

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Had Wills: Got Married: Do We Need New Ones?

Q.           My husband and I celebrated our 4th anniversary in December and are finally getting around to reviewing our estate-planning documents.  We both already had Wills in place when we got married and as this is a 2nd marriage for both of us, the wishes set out in those Wills have not changed.  My husband

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Q. I want to get an Enduring Power of Attorney so it can still be used after I die. Can you do this for me?

Yes, I can prepare an Enduring Power of Attorney for you, however the Power of Attorney dies with you. An “Enduring” Power of Attorney means that it endures beyond your ability to continue giving instructions, so it continues if you are no longer capable.  When you die the Enduring Power of Attorney can no longer

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Witness for Medical Assistance in Dying Form?

Q.  I am applying for Medical Assistance in Dying and require witnesses for my Record of Patient Request form. Apparently the witnesses cannot be a beneficiary under my Will or a recipient in any other way of a financial or material benefit resulting from my death. I am also advised that the witnesses cannot be an owner

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What exactly are “disbursements” when it comes to a real estate transaction?

On top of the legal fees, GST and PST that are paid when you complete a real estate purchase or sale, there are also “disbursements” that are charged. Disbursements are costs that are paid out-of-pocket by your notary public or lawyer on your behalf in connection with your real estate transaction.  Disbursements usually include the cost of land title

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What is the difference between “Tenants in Common” and “Joint Tenants” in property ownership?

As a Tenant in Common, you own your interest in the property outright: on your death, your interest in the property is yours to leave to a beneficiary. This is how you may own property with a business partner. As a Joint Tenant, there is a right of survivorship: on your death, your beneficial interest

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How does the new Additional Property Transfer Tax on Residential Properties for Foreign Entities in the GVRD affect me?

You would think that if you are a Canadian citizen or permanent resident it doesn’t, or if you are a non-resident purchasing outside the GVRD it doesn’t.  EXCEPT along with the new 15% tax on residential properties for foreign entities, there are now new requirements where transactions involve Canadian citizens and permanent residents with respect to their identity.  Their identity

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