The legal process can be complicated for many. At Chahal Priddle LLP, we want to help you understand the process as we guide you through it. Please read the sections below for information on our legal process.
We offer a free consultation so that we can meet with you and learn about your legal issues. If you have a problem we think we can help you with, we offer to act as your legal counsel.
Gathering the Facts
After we are retained as your lawyers, we begin to gather the facts with your assistance. We gather the facts available concerning the claim, including interviewing and taking statements from witnesses. If appropriate in the circumstances, we hire investigators or experts to help us.
Starting the Lawsuit
We begin the lawsuit by preparing the necessary court documents and filing them in court. We then deliver filed copies to the opposing party, or their lawyers.
Negotiation and Settlement
When it is appropriate, we talk to the opposing party or their lawyers to see if we can reach a favourable settlement. A settlement is an agreement between the parties to a lawsuit which sets out how they will resolve the claim. If the claim is settled, it does not go to trial.
We prepare the case for trial, including getting all the necessary documents together, arranging for witnesses to attend, and preparing any legal opinions. When the judge has decided the case, we prepare the court order for the judge to sign, or approve how the other lawyers write up the judgment to make sure it is correct.
Receipt of Contract of Purchase and Sale and Conveyancer Instructions from Realtors
We review the contract to make sure that is valid and if there are any changes to be made, we advise your realtor. We also review the Title Report to ensure there are no unusual charges on the property. We can also prepare Contracts of Purchase and Sale if you are involved in a private deal.
Receipt of Mortgage Instructions
If we are acting for a purchaser who is getting a mortgage, we also act for the mortgage company. This is so the purchaser does not have to pay for two separate lawyers. We get instructions from the mortgage company and ensure that we have complied with all of the lender’s instructions. Without this important step, the mortgage may not fund in time.
Preparation of Documents
When we act for the purchaser we prepare all the documents required to convey the property. This includes the Form A Transfer, Property Transfer Tax Form, GST Certificate, Certificate of Residency, Buyer’s Statement of Adjustments, and Seller’s Statement of Adjustments. If there is a mortgage, we also prepare all of the necessary mortgage documents in accordance with the mortgage instructions.
Registering Documents and Clearing Title
After receiving all of the signed documents from the purchaser and the seller, the purchaser’s lawyer registers the transfer documents and the mortgage with the Land Title Office. The purchaser then provides the seller’s lawyer with sale proceeds, and the seller’s lawyer pays out any existing mortgages or financial charges on the property.
We will meet with you to learn about your assets, family structure, and estate planning goals so that we can create a plan that works for you and your family.
Preparation of Documents
After creating an estate plan, we will prepare all of the documents that you need. Three important estate-planning documents are a Will, a Power of Attorney and a Representation Agreement.
Review and Execution of Documents
After we have prepared the documents, we will meet with you to review them. If you are satisfied with the documents, you will sign them at the appointment.
Registering and Storing your Documents
If you would like, we will register your Will with the Vital Statistics Agency. After you pass, if someone searches your name they will be able to determine where your will is stored. This is important for the Probate process.
Included in our fee is the option to store your original estate documents in our vault for safekeeping. This eliminates the risk of losing your documents and having to prepare new ones.
Due to the nature of applying for an estate grant, we need to gather a lot of information at the outset of the file. This includes the names and addresses of beneficiaries and close family members, a list of the assets of the deceased, banking and investment information, and some details about the deceased prior to their death.
Preparation of Documents
In estate matters, the requirements imposed by legislation ensure a particular structure is followed. After the initial gathering of information, we need to prepare and execute numerous documents to fulfill the requirements of the BC Probate Registry, including Notices, letters, authorizations, affidavits and application forms. We then ensure that the application package is complete before filing with the Registry and seeking information on the estate fees payable.
Receipt of Estate Grant and consolidation of assets for distribution
Once the estate fees are paid, the Registry will issue either a grant of probate (if there is a Will), or a grant of administration (if there is no Will). Both of these “estate grants” are usually required before assets will be released to the estate representative. The representative must keep track of any expenditures that are reimbursable by the estate, as well as keep in contact with the beneficiaries to prepare for the initial distribution of the estate assets.
While the above steps are taking place, the estate representative may be in contact with other professionals such as Accountants, Realtors and Contractors to properly manage the assets of the estate. Once the waiting period is complete, or all beneficiaries consent, the estate representative can then begin to distribute the assets that have been consolidated (and liquidated where necessary) in accordance with the deceased’s Will, or the legislative requirements for intestate successors.
Accounting and Conclusion
An estate representative is required to keep accounts to provide the beneficiaries when requested. This is because the estate representative has a duty to manage the assets of the deceased in accordance with the best interests of those receiving the assets. Once the statement of accounts of the estate representative have been completed, all the taxes of the estate have been paid, and all other debts owed by the estate have been fulfilled, the estate representative’s job is complete.
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This is the team that is dedicated to helping you with your legal issues.