Chahal Priddle LLP Legal Information Blog

Need information on legal matters? Check our blog regularly for posts containing thoughts, info, and tips on various topics within the legal realm.

  • 19/07/2017
    Have You Been Named as an Executor?

    The job of acting as an Executor to an Estate is a very important and often difficult job. Generally speaking, the executor gathers up the estate assets, pays the deceased’s debts, and divides what remains of the deceased’s estate among the beneficiaries according to the Will. However, the job comes with obligations and legal liability.

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  • 04/05/2017
    Selling Your Business

    Are you thinking of selling your business as part of your retirement plan? Beyond determining the selling price you are willing to accept, there are quite a few legal issues that you need to consider and many steps to be taken by the lawyers for both you and the buyer.

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  • Distracted driving
    27/03/2017
    Distracted Driving

    Distracted driving is the second leading cause of car crash fatalities in BC and a leading cause of increasing claims and insurance rates with ICBC. Police statistics show that a quarter of all car crash fatalities in BC in the last five years were related to distracted driving: attention being diverted from driving tasks. That’s an average of 81 deaths per year, behind speeding (94) and narrowly ahead of impaired driving (78).


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  • Advance Health Care Planning
    13/10/2016
    Advance Health Care Planning

    Advance health care planning begins by thinking about your beliefs, values and wishes regarding future health care treatment. It is about having conversations with your close family, friends and health care providers so that they know the health care treatment you would agree to, or refuse, if you became incapable of expressing your own decisions.


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  • Joint Asset Ownership and Estate Planning
    20/09/2016
    Joint Asset Ownership and Estate Planning

    Have you considered how your assets will pass to your loved ones once you die? You can limit the taxes and fees paid to the government and maximize the amount of assets flowing to your loved ones with carefully considered estate planning. It is important to consult a financial advisor and a legal professional to discuss your particular circumstances, as there are benefits and drawbacks to many estate planning measures.


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  • Back to School – Rules of the Road
    01/09/2016
    Back to School – Rules of the Road

    Beginning September 6, 2016 the children of Kamloops will be heading back to school, meaning more traffic for all of us as parents drive their children to school, school buses travel the roads and teachers head back to work.


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  • Probate: Demystified
    02/02/2016
    Probate: Demystified

    A Grant of Probate is a certification issued by the British Columbia Supreme Court. It is often required for proof to financial institutions, financial advisors and the Land Title Office that your Last Will and Testament has been certified by the Court and that your Executor is authorized to represent your Estate. The process of certification is known as Probate.


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  • Do You Need a Lawyer for your Car Accident Injury?
    18/11/2015
    Do You Need a Lawyer for your Car Accident Injury?

    Even if you are a conscientious driver, a wary pedestrian, or an alert cyclist, sometimes there is nothing you can do to avoid being in a collision. If you have been involved in a serious accident and sustained injuries, or if you are likely to miss more than a few days of time away from work as a result of the accident, you should retain a lawyer to assist you with your claim. There are many deadlines and technical requirements that need to be complied with to successfully pursue a personal injury claim and the expertise of a lawyer to guide you through the process will likely be worth the legal fees.


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  • Snow Tires are Essential
    16/11/2015
    Snow Tires are Essential

    Did you know that beginning October 1 each year winter tires are required on many highways throughout the province? This is a law set out in the Motor Vehicle Act under Section 208.


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  • Choosing an Executor and Power of Attorney
    14/10/2015
    Choosing an Executor and Power of Attorney

    When considering your estate plan, it is important to note that “power of attorney” and “executor” are two separate roles. A person named as “attorney” in a Power of Attorney document is responsible for a person’s affairs when they are living but unable to make decisions due to unavailability, illness or accident. Once the person dies, the role of power of attorney no longer exists and the “executor” of a person’s Last Will and Testament is then responsible for managing, probating and disbursing the estate of the deceased person. However, the same person can be named as both power of attorney and executor, if you wish.


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  • Representation Agreements and End of Life Considerations
    16/09/2015
    Representation Agreements and End of Life Considerations

    On February 6, 2015, the Supreme Court of Canada unanimously held in Carter v. Canada (Attorney General) that the current Criminal Code provisions for assisted suicide were unconstitutional. The Court gave governments 12 months to prepare any new law on physician-assisted dying. That legislative process is in the works.


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  • Buying Your First Home
    17/08/2015
    Buying Your First Home

    You are buying your first home! This is usually a person’s first experience with working with a lawyer, who you will need to transfer the Property into your name, register the Mortgage and be sure any charges on the Title by the previous owner are removed.


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  • Should you attempt to write your own Last Will and Testament?
    17/06/2015
    Should you attempt to write your own Last Will and Testament?

    There are many people that think their estate is simple, and that by drafting their own Will they can save a lot of money. However, creating a Will without professional advice can lead to an insufficient Will which could cause difficulty and delay, as well as added expenses paid from your Estate, during the Probate process.


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  • Hit and Run Accident
    19/05/2015
    Hit and Run Accident

    You have been involved in an accident with a motor vehicle, either as a driver yourself, or as a passenger, pedestrian or cyclist. Before you can get the licence plate number of the vehicle, the other driver leaves the scene. What do you do next?


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  • Estate Planning 101
    20/04/2015
    Estate Planning 101 – Part 3

    Representation Agreements


    Elizabeth suffered a fall in which she broke her leg and sustained a concussion, affecting her mobility, memory and cognitive functions. Before her fall, Elizabeth and her friend Francis had discussed assisting each other in case of a crisis but neither had gotten around to making any legal arrangements.


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  • Advance Planning is Key
    07/04/2015
    Advance Planning is Key

    Everyone handles the idea of dying in a different way. Some of us prepare a Will and plan our own funeral so that our family members know our wishes. Others of us put off even discussing such things and leave matters to happen as they will.


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  • Estate Planning 101
    31/03/2015
    Estate Planning 101 – Part 2

    Enduring Power of Attorney


    As mentioned in March’s Legal Ease article, another important legal document to consider when making personal planning decisions is an Enduring Power of Attorney.


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  • Estate Planning 101
    24/03/2015
    Estate Planning 101 – Part 1

    There are three key documents to a complete estate plan – a Last Will and Testament, an Enduring Power of Attorney and a Representation Agreement. In this three part series, we will look at the importance of each of these documents and any new changes to the way these documents are utilized. This month we look at:


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  • Should you attempt to write your own Last Will and Testament?
    17/03/2015
    Should you attempt to write your own Last Will and Testament?

    There are many people that think their estate is simple, and that by drafting their own Will they can save a lot of money. However, creating a Will without professional advice can lead to an insufficient Will which could cause difficulty and delay, as well as added expenses paid from your Estate, during the Probate process.


    Read More
  • The Ins and Outs of Motor Vehicle Insurance
    10/03/2015
    The Ins and Outs of Motor Vehicle Insurance

    Been in a car accident? Unfortunately, many of us have. What most people don’t know is that when you drive a motor vehicle, you carry around two types of insurance.


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  • Family Loans
    03/03/2015
    Family Loans

    For some reason, loans to children and grandchildren frequently start out as a symbol of the love and affection between the parties but end up deteriorating to become a bone of contention and a real sore spot for both sides of the transaction. All too often the dissension arises because no one really knows what, if any, are the terms of the loan.


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  • Are your Injuries Covered in a Hit and Run?
    23/02/2015
    Are your Injuries Covered in a Hit and Run?

    What happened if you are injured by a motor vehicle or motorist without insurance, or not enough insurance to cover all of your losses from your injuries? For example, you are struck by the driver of a stolen car or a drunk driver. Or an accident caused by a negligent driver with limited insurance.


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  • How to Find a Lawyer
    17/02/2015
    How to Find a Lawyer

    Do I Need a Lawyer?

    Often, situations occur in our lives that we cannot predict and planning ahead is not an option. If an unfortunate circumstance imposes legal consequences on you, it is time to find a lawyer. For example, if you are involved in an accident, charged with a criminal offence, or getting a divorce, you cannot look for a lawyer until after the incident has occurred. However, there are circumstances where the future need for a lawyer is foreseeable. You should pre-plan when it comes to writing a Will, Power of Attorney, or Representation Agreement. If you own a business you should find a law firm that can provide you with legal services and advice on a continuous basis.


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  • Discussing Estate Plans with your Loved Ones
    05/02/2015
    Discussing Estate Plans with your Loved Ones

    The reading of your Will should never be the first time your executor and loved ones learn about your Estate plans. Talking with these important individuals may be one of the most essential parts of managing your Estate prior to your death.


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  • No Crash, No Cash – Not True!
    05/01/2015
    No Crash, No Cash – Not True!

    Everyone is back into the swing of things after the holidays, but with the unpredictable winter weather comes more instances of what everyone would describe as a “fender bender”.


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  • The Gift of Estate Planning!
    23/12/2014
    The Gift of Estate Planning!

    Your whole family is together for the holidays – there is no better time to discuss your estate plan and have your paperwork prepared. Once you and those that are affected discuss the important issues and make the necessary decisions, you will be ready to provide instructions to your lawyer regarding your estate plan. Everyone can be comfortable knowing the appropriate documents will be in place no matter what situation arises. The appropriate legal documents provide you and your loved ones with a peace of mind. Last Will in Testament – important discussion topics include:


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  • Proper Identification is Paramount
    22/12/2014
    Proper Identification is Paramount

    Consider the following scenarios:

    • Your Drivers’ License is mailed to you and your middle and first names are reversed
    • Your Birth Certificate spells your middle name with an ‘e’ but your Social Insurance card does not
    • You go by a name that is not on your legal identification
    • You buy a house and your name on the registration is spelled incorrectly


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  • Committeeship in BC
    17/12/2014
    Committeeship in BC

    A “Committee” is a guardian appointed by the B.C. Supreme Court to manage the personal, medical, legal or financial affairs of an adult who is mentally incapable of doing so – that person is referred to as the “Patient”. A Patient may be mentally incapable because of disease, accident, use of drugs, or age. Or, a Patient may be mentally incapable from birth.


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  • Taking the Kids to Disneyland?
    17/11/2014
    Taking the Kids to Disneyland?

    Lynne and Bob have decided to take their grandchildren on a once in a lifetime vacation to Disneyland. They have thought of everything. The hotel is booked, the plane tickets and travel insurance are purchased and the clothes are packed. There is one final thing they will need before they leave for their wonderful vacation – a Travel Authorization Document.


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  • Enduring Power of Attorney
    03/11/2014
    Enduring Power of Attorney

    An important legal document to consider when making personal planning decisions is an Enduring Power of Attorney.


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  • The Value of the Golden Years
    22/10/2014
    The Value of the Golden Years

    John and Sally were involved in a car crash when they were rear ended at a stop light. The accident was not their fault and their car sustained little damage. They were able to drive their car home and John called the insurance company’s telephone claims line to report the incident. Both John and Sally felt shook up but unharmed and reported that to the insurance company.


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  • 10 Things You Should Know About Telemarketing Fraud
    20/10/2014
    10 Things You Should Know About Telemarketing Fraud

    In recent months, there have been several well publicized telephone scams targeting seniors.


    The fraudsters sound convincing – claiming to be a grandchild in urgent need, a legitimate company seeking “only” to update your contact information or to advise you have won a prize.


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  • Probate Planning to Minimize Estate Costs
    06/10/2014
    Probate Planning to Minimize Estate Costs

    A Grant of Probate is proof to financial institutions, financial advisors and the Land Title Office that your Last Will and Testament has been certified by the Court and that your Executor is authorized to represent your Estate. The process of certification is known as Probate.


    Read More
  • Incorporation: Not a DIY Project
    17/09/2014
    Incorporation: Not a DIY Project

    As corporate lawyers, we often are asked to assist self-incorporated companies that are now involved in the expensive, frustrating and time consuming task of legally resolving corporate problems arising from an improperly incorporated company.


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  • Validity of Wills in British Columbia
    02/09/2014
    Validity of Wills in British Columbia

    There are many considerations and variables when writing your Last Will and Testament. The law can be quite complex and has recently evolved, culminating in the new Wills, Estates and Succession Act (the “WESA”) which came into force on March 14, 2014. WESA repeals six separate pieces of legislation that currently govern the laws applying to estate planning in BC. Below are some examples of various areas where problems can arise when a person is planning the terms of their Will:


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  • (Dis) Inheritance
    04/08/2014
    (Dis) Inheritance

    When a parent dies and leaves some of his or her children out of the Will, those children have the right to apply to Court for a variation to the Will. However, the final outcome is frequently difficult to predict and is highly dependent on the particular facts of each family circumstance.


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  • Why have a Representation Agreement?
    22/07/2014
    Why have a Representation Agreement?

    Elizabeth suffered a fall in which she broke her leg and sustained a concussion, affecting her mobility, memory and cognitive functions. Before her fall, Elizabeth and her friend Francis had discussed assisting each other in case of a crisis but neither had gotten around to making any legal arrangements.


    Read More
  • What is a Representation Agreement?
    17/07/2014
    What is a Representation Agreement?

    A Representation Agreement is a legal document where you, as an adult, appoint another person or persons to help manage your affairs or make decisions on your behalf if you need assistance due to illness, injury or disability. This is the only way to authorize someone to assist you or act on your behalf in health care and personal matters.


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  • It is Make-a-Will Week!
    04/04/2014
    It is Make-a-Will Week!

    March 31 to April 6, 2014, is Make-a-Will Week in British Columbia. Its purpose is to encourage the public to write their Will or bring an existing Will up-to-date. Only 55% of British Columbians have a signed, legally valid and up to date Will.


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