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# Montgomery Miles & Stone

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## Posts

- [Mom...Dad...Can I borrow some money?](https://mmslawfirm.ca/mom-dad-can-borrow-money/) - Let’s face it, at some point in your life your children are going to come looking for money. Many parents find themselves frequently becoming their children’s willing (or unwilling) creditors. From simple promissory notes, payable on demand, to more complex instruments such as mortgages, there are several options available as a means of evidencing and
- [Get It In Writing!](https://mmslawfirm.ca/writing/) - Contracts of Purchase and Sale for real estate must be in writing. As lawyers, we unfortunately often see the contract after subjects are removed or very close to the closing day. Many “terms” are discussed between the parties or just assumed to apply, but never reduced to a written contractual term. These include such “terms”
- [Estate Planning for Blended Families](https://mmslawfirm.ca/estate-planning-blended-families/) - The challenges that people face in making an estate plan for a blended family will cause most people to lose sleep. Once decisions have finally been made, the challenge is still not over. Family dynamics, relationships and priorities constantly change, so the matter must be reviewed and updated regularly. All too often, people take the
- [Real Estate Tips From Us to You](https://mmslawfirm.ca/real-estate-tips/) - As a busy conveyancing firm, we see transactions with all sorts of unique aspects. Often we wonder why a decision was made to do X, and wish that we did have the opportunity to speak to a client before the contract was finalized. As this is normally one of the largest purchases a client will
- [Encumbrances on the Title to Your Property](https://mmslawfirm.ca/encumbrances-title-property/) - It has become quite common for a real estate purchase agreement to provide a subject clause that the deal will be subject to the purchaser checking the title to the property. Stop right there! This is a very important clause and should not be waived until that has been done, as there may well be
- [Elder Abuse Awareness Forum](https://mmslawfirm.ca/elder-abuse-awareness-forum/) - Free Admission! Topics to include: Wills, Estates & Legal Matters Preventing Financial Abuse & Increasing Awareness Preventing & Increasing Awareness of Physical & Sexual Abuse Emotional, Neglect, Abuse & Suicide Awareness Community Policing Community Resources Donations to support the Okanagan Suicide Awareness Society would be appreciated. Brought to you by: For more info: Jo-Ann Keith
- ['Will You Be My Executor?'](https://mmslawfirm.ca/will-you-be-my-executor/) - Understand your duties as an Executor. At some point in your life, you may be asked to be an Executor for a parent, sibling or even a good friend. Before accepting, it’s important to know what your responsibilities will be. Executors are named in a person’s Will and when that person passes away, the Executor
- [Organ Donation and Advance Care Planning](https://mmslawfirm.ca/organ-donation-and-advance-care-planning/) - There are many days and weeks given a special meaning. While today is Earth Day, on April 16th it was National Advance Care Planning Day, which was celebrated by a panel of speakers discussing advance care planning at UBCO. If you missed that day, you can find out more about advance care planning by visiting
- [Aging and Dying Alone](https://mmslawfirm.ca/aging-and-dying-alone/) - As our society ages, we are increasingly assisting clients where they do not have immediate or close family members, or any surviving family members at all. In such a situation, we are asked to help our clients determine who will be in charge of managing their estate after they pass away, what will happen to
- [BC Securities Commissions Issues Investor Alert Against Hines Aircraft](https://mmslawfirm.ca/bc-securities-commissions-issues-investor-alert-against-hines-aircraft/) - Investor Alert: BCSC issues warning about Hines Aircraft Company Vancouver - The British Columbia Securities Commission is warning the public to be aware of Hines Aircraft Ltd., a British Virgin Islands company that claims to be developing aircraft propulsion technology. Hines Aircraft has engaged individuals in B.C. to sell shares and warrants (to purchase additional
- [Check Out Your Neighbours Before You Buy](https://mmslawfirm.ca/check-out-your-neighbours-before-you-buy/) - It is becoming more common to see developments that include a combination of both commercial and residential uses. While these mixed-use developments can have some issues that need to be resolved from time to time, if they are properly set up, the issues are usually minimized and resolvable. The benefits of this type of set
- [Legal Tests For Mental Capacity](https://mmslawfirm.ca/legal-tests-for-mental-capacity/) - Our annual Law Society fees include some funds set aside for the Vancouver Bar Association’s work on a magazine called “The Advocate”. It’s a monthly publication sent to BC lawyers which includes a lot of litigation related articles, with the odd nugget thrown in for solicitors like us. In the latest issue, a writer commented
- [Estate Planning Your Title](https://mmslawfirm.ca/estate-planning-your-title/) - When purchasing a home, you will need to decide how to register your title. This will involve at least some basic estate planning choices being made. The most common option is for spouses to register as joint tenants. This means they will each own an undivided 50% interest and will have rights of survivorship, i.e.
- [Real Estate Is Tough On Trees](https://mmslawfirm.ca/real-estate-is-tough-on-trees/) - Completing a real estate transaction is tough on trees. The amount of paper required for our file alone (not to mention the realtor’s file/mortgage broker’s file/other lawyer’s file/ect...) is significant. Sale files are not that bad but purchase and mortgage files can get quite thick. In an effort to do our part to help reduce
- [To Compete or Not to Compete... That is the Question!](https://mmslawfirm.ca/to-compete-or-not-to-compete-that-is-the-question/) - Can your ex-employer stop you from working after your employment ends? It is pretty normal to find non-competition and/or non-solicitation provisions in employment agreements in today’s competitive employment market. By signing such an agreement as an employee, you are agreeing not to compete with your employer and/or solicit that employer’s customers within a certain geographical
- [Business Leases - Parking Issues](https://mmslawfirm.ca/business-leases-parking-issues/) - A lease agreement for a business premise is one of the more complicated documents a business owner will encounter. Many issues are covered it a lease agreement some of which are often overlooked during the negotiation process. Overlooking minor issues during lease negotiations can lead to friction between the Landlord and the Tenant over the
- [Getting Money out of Your Corporation: Salary - VS - Dividend](https://mmslawfirm.ca/getting-money-out-of-your-corporation-salary-vs-dividend/) - If you or your limited company own and operate your business, it is important to determine the best way for you to get money out of your corporation. Whether you’re declaring dividends or paying yourself a salary, both personal and corporate tax consequences should be considered. The result of your decision may have long lasting
- [Competition lowers salary bar for in-house lawyers](https://mmslawfirm.ca/competition-lowers-salary-bar-for-in-house-lawyers/) - Original article - Business In Vancouver BC’s smaller share of Canadian head offices has kept the salaries of in-house legal counsel below the national average. According to the third compensation and career survey commissioned by the Counsel Network and the Canadian Corporate Counsel Association, in-house lawyers in B.C. earn about $145,000 a year, roughly 7%
- [Having a Complete Estate Plan](https://mmslawfirm.ca/having-a-complete-estate-plan/) - The Canadian Bar Association recently published some information on the basic importance of having a complete estate plan: http://www.cba.org/bc/public_media/wills/176.aspx. To be frank, your estate plan is something that should definitely not be taken lightly, despite the emotional cloud looming overhead that can often be a deterrent to this process. Nobody likes to think about the
- [What We Can Learn From Celebrity Estate Planning Gone Wrong](https://mmslawfirm.ca/what-we-can-learn-from-celebrity-estate-planning-gone-wrong/) - Original article @ Forbes.com Have you seen the new “all-star” celebrity line up of Donald Trump’s Celebrity Apprentice? Admit it. Like many Americans, you may feel a guilty pleasure watching celebrities make silly mistakes on national television. While it’s mostly entertainment, there is one area where learning about their mistakes can actually help you and your family:
- [The Skinny on using a Power of Attorney as an Estate Planning Tool](https://mmslawfirm.ca/the-skinny-on-using-a-power-of-attorney-as-an-estate-planning-tool/) - It has become a fairly common Estate planning tool for people to give a Power of Attorney. These are made in contemplation of the circumstance that if you are unable to look after things yourself, then the person you have appointed can do so on your behalf. It gives the person appointed, the power to
- [How's your Power? Find out how the changes to the Power of Attorney Act will affect you.](https://mmslawfirm.ca/hows-your-power-find-out-how-the-changes-to-the-power-of-attorney-act-will-affect-you/) - Substantial amendments to the Power of Attorney Act came into effect on September 1, 2011. In many respects, the changes are simply a codification of the rules that already exist at common law relating to an Enduring Power of Attorney. Over 30 new provisions have been added to the Act to clarify the rights and
- [First Time Homebuyers' Bonus](https://mmslawfirm.ca/time-homebuyers-bonus/) - NEW TAX REBATES: FIRST TIME NEW HOMEBUYERS’ BONUS New first time homebuyers got some GREAT NEWS when the British Columbia Provincial Budget for 2012 was announced in February. Not only was the HST Rebate Threshold for new home purchases increased from $525,000.00 to $850,000.00, increasing the maximum rebate to $42,500.00, the BC Government also announced
- [Job Opportunity: Legal Assistant](https://mmslawfirm.ca/job-opportunity-legal-assistant/) - Montgomery Miles is looking for a new staff member to join its busy team. We are looking for an experienced legal professional with the necessary background and experience to be considered a “jack of all trades” such that you could handle working in any of our practice areas (Business Law; Real Estate Conveyancing; Wills and
- [Do you really need to appoint corporate officers for your Company?](https://mmslawfirm.ca/appoint-corporate-officers-company/) - Under traditional company law, incorporated companies were managed by a board of directors. The board of directors would appoint officers such as CEO, CFO or President, Vice-President, Secretary and Treasurer, to carry our certain duties. There were rules in place up until 2004 that the President and the Secretary had to be different people unless
- [How title insurance protects you where a survey certificate cannot - Guest Post by Jessica Orlowski of Stewart Title](https://mmslawfirm.ca/title-insurance-protects-survey-certificate-guest-post-jessica-orlowski-stewart-title/) - An up-to-date survey provides purchasers with a visual representation of their property, indicating items such as lot dimensions, house location and outbuildings on the lot, encroachments onto and out of the lot, fences, significant landscape features, easements/rights of way and setbacks. While a survey informs and provides homeowners a picture of the physical property, it
- [Get Social with Montgomery Miles](https://mmslawfirm.ca/get-social-with-montgomery-miles/) - Friend us on Facebook to stay up to date on the latest legal news that concerns you and the local community. From local hot topics to global legal matters we've got you covered. Not a social media superstar yet? Sign up for our monthly newsletter and get the same great info delivered straight to your
- [New Associate Lawyer](https://mmslawfirm.ca/new-associate-lawyer/) - Deanna Stone practices in the same areas as both Richard and Dave: Real Estate, Business Law, and Wills, Trusts & Estates plus she handles native land transactions on Westbank First Nation lands. You can reach Deanna by calling her directly at 250-980-3362 or by email at deanna@montgomerymiles.com. Read more about Deanna by clicking here.
- [Voted Best Law Firm 2010](https://mmslawfirm.ca/voted-best-law-firm-2010/) - Montgomery Miles & Stone Law Firm is very excited to have been named a finalist for the Best Kelowna Law Firm by the readers of Okanagan Life magazine. We thank our clients and those in the community who voted for us.
- [Common Mistakes made by Parties in Motor Vehicle Accident Claims](https://mmslawfirm.ca/common-mistakes-made-by-parties-in-motor-vehicle-accident-claims/) - Guest Blog Post by Ryan McCardell. Ryan can be reached at 604-641-3442 or by email at ryan@remassociates.ca . Given my specialization in handling motor vehicle claims on behalf of injured parties, I have often seen mistakes or omissions commonly made, both because of the stress and shock of an accident, and because of a lack
- [My Bank has Threatened Foreclosure Proceedings - How Much Time do I Have?](https://mmslawfirm.ca/bank-threatened-foreclosure-proceedings-time-have/) - Guest Blog Post prepared by Steve Schwartz. Steve is a commercial litigation lawyer at the Kelowna law firm Schwartz & Company. Part of Steve's practice is dedicated to foreclosure law, representing both lenders and borrowers alike. For more information on the foreclosure process, feel free to call Steve at 250-860-4700. While foreclosure rates in our
- [Becoming a landlord – Residential Tenancy Tips](https://mmslawfirm.ca/becoming-a-landlord-residential-tenancy-tips/) - Investing in real estate has paid handsome dividends to many people, especially in the Okanagan. Yet, there are many out there who are simply not cut out for being a landlord of a residential property. It’s not as simple as buying a rental home and filling it with tenants who you hope are going to
- [The Northern and Rural Area Homeowner Benefit is good news for home owners in the Okanagan!](https://mmslawfirm.ca/test-post-1/) - Homeowners should now be receiving their annual property tax notice in the mail from their respective municipality. While the receipt of this notice is never a joyous occasion for a homeowner, this year may be an exception for those of us living outside the Lower Mainland areas. In January, the provincial government approved a new measure to

## Pages

- [Home](https://mmslawfirm.ca/) - Montgomery Miles & Stone Law Firm is a group of local Kelowna Lawyers specializing in real estate, estate planning, corporate law, wills and probate
- [Selling a residential property](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/) - What is the difference between the completion date, possession date and the adjustment date and how does this affect me as a seller? I have a mortgage to pay out on closing – how do I get this done? What charges can I expect when paying out my mortgage? Why is my prepayment penalty higher
- [Buying a Residential Property](https://mmslawfirm.ca/areas-of-practice/real-estate-law/buying-a-residential-property/) - What is the legal process of buying a residential property? Creating or reviewing a purchase contract for a residential property What is a Property Condition Disclosure Statement? What must I do before I remove conditions (also called “subjects”) on a contract, and what is the result of removing conditions? Reviewing the title to a property
- [About MMS LAW](https://mmslawfirm.ca/about-mmlaw/) - Kelowna corporate lawyer boutique Montgomery Miles & Stone is a local law firm that serves individuals and businesses of all sizes. From corporate to wills.
- [Areas of Practice](https://mmslawfirm.ca/areas-of-practice/) - Montgomery Miles & Stone is a Kelowna law firm specializing in real estate, estate planning, corporate law, will, probate.
- [Blog](https://mmslawfirm.ca/blog/)
- [Intellectual Property](https://mmslawfirm.ca/areas-of-practice/intellectual-property/) - Montgomery Miles & Stone offers Intellectual Property Services with their trademark agent in Kelowna. Protecting your valuable copyright is protecting your brand.
- [Contact Us](https://mmslawfirm.ca/contact-us/)
- [Our Team](https://mmslawfirm.ca/our-team/)
- [Due Diligence Enquiries](https://mmslawfirm.ca/due-diligence-enquiries/) - When acting for buyers in a business transaction, one of the key elements of our involvement is to assist our client in conducting what is known as “due diligence”. Due Diligence involves researching the seller and its state of affairs to determine the status of the seller and the seller’s business affairs. Common questions addressed
- [Construction draw mortgages – some key things to consider](https://mmslawfirm.ca/areas-of-practice/real-estate-law/buying-a-residential-property/construction-draw-mortgages-some-key-things-to-consider/) - When planning to build a house where you require a mortgage, you will need to arrange for a construction draw mortgage. This type of mortgage permits advances at stages in construction to allow the borrower to pay the builder or trades in stages. The lender advances set amounts at set stages once the borrower can
- [Property Transfer Tax – when it is payable and when you could be exempt?](https://mmslawfirm.ca/property-transfer-tax-when-it-is-payable-and-when-you-could-be-exempt/) - All buyers of real estate in BC must pay property transfer tax at the time of registration of the transfer, unless they have a valid exemption. The tax is based on the property’s fair market value and set at 1% of the first $200,000 and 2% of any amount above that. There are numerous exemptions
- [Montgomery Miles is a "Solicitors' Boutique" Law Firm](https://mmslawfirm.ca/a-solicitors-boutique-law-firm/) - Montgomery Miles & Stone Law Firm consists of lawyers Richard Montgomery, Dave Miles and Deanna Stone as well as their team of professionals. We are located in Kelowna’s Landmark 2 building on the 5th Floor. Montgomery Miles & Stone Law Firm acts for individuals and Okanagan businesses of all sizes. While many of our clients live, work
- [Real Estate Law](https://mmslawfirm.ca/areas-of-practice/real-estate-law/) - Montgomery Miles & Stone Law Firm has a strong real estate law practice in Kelowna BC also specializing in Indian Band law
- [Closing the Deal](https://mmslawfirm.ca/areas-of-practice/business-law/closing-the-deal-dealing-with-issues-signing-the-documents-and-transferring-the-business/closing-the-deal/) - Once all the negotiations, the due diligence, the buy/sell agreement and additional documents are finalized, we must ensure the transaction completes on schedule. In the days leading up to the closing date, documents are finalized and circulated for signatures; financing arrangements are confirmed and funds delivered from the lender; ensuring closing conditions are met by
- [Determining the Appropriate Legal Entity for a Transaction](https://mmslawfirm.ca/areas-of-practice/business-law/creating-a-deal-what-to-consider-when-preparing-to-buy-or-sell-a-business/determining-the-appropriate-legal-entity-for-a-transaction/) - Before proceeding too far into the business transaction, we prefer to meet with our client to discuss the options available when purchasing a business. Some clients are comfortable proceeding as a sole proprietorship which is the most simple form of business entity. The business is owned by the individual, who is the sole owner and
- [Creating a Deal - what to consider when preparing to buy or sell a business.](https://mmslawfirm.ca/areas-of-practice/business-law/creating-a-deal-what-to-consider-when-preparing-to-buy-or-sell-a-business/) - Business transactions take on all forms, but the starting point is often the same. As a seller, you need to prepare your business for sale and then market it to potential buyers. For Buyers, you have to locate businesses for sale, or target a business which you want to purchase. Both parties need to consider
- [Business Law](https://mmslawfirm.ca/areas-of-practice/business-law/) - Montgomery Miles & Stone Law Form specializes in business law in Kelowna, BC.
- [Wills and Estates](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/) - Montgomery Miles & Stone is a Kelowna law firm that specializes in the creation of Wills and Estates.
- [Preparing a properly drafted will](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/) - We cannot emphasize enough the importance of having a properly drafted will. A well thought out and prepared will not only ensures that your assets are properly handled upon your death, but it should reduce stress and anxiety among those you leave behind. Drafting a will requires careful thought and a full examination of your
- [Will I get paid for acting as executor?](https://mmslawfirm.ca/will-i-get-paid-for-acting-as-executor/) - The will may set out whether or not an executor will be paid for acting as an executor. This is also regulated by legislation. Unless the will says otherwise, the executor is entitled to charge up to 5% of the gross value of the estate plus out of pocket expenses. The amount charged by the
- [What should I consider before deciding whether to act as an executor?](https://mmslawfirm.ca/what-should-i-consider-before-deciding-whether-to-act-as-an-executor/) - There are many things to consider before deciding to act as an executor including: The potential for personal liability for failure to fulfill any of your duties and responsibilities as an executor, How long your duties as the executor will last, whether there are ongoing trusts that you will need to manage for the deceased
- [Will my lender take a property tax payment in addition to my mortgage payment?](https://mmslawfirm.ca/will-my-lender-take-a-property-tax-payment-in-addition-to-my-mortgage-payment/) - Municipal tax payments that go unpaid can get super-priority over a properly registered mortgage. Lenders never want this to happen as it threatens their security and creates a possibility that their loan may not be repaid in full. When taxes go unpaid, the municipality can claim for unpaid taxes and can force the sale of
- [Why are prepayment rights so important?](https://mmslawfirm.ca/why-are-prepayment-rights-so-important/) - Prepayment rights are often not the key consideration when obtaining a mortgage. Borrowers normally look to secure the lowest rate of interest possible at the amount of money they require. In doing so, borrowers forgo the benefit of having an “open” mortgage to obtain the lower interest rate offered for a “closed” mortgage. Open mortgages
- [Who pays the property taxes, utilities and other costs associated with the property?](https://mmslawfirm.ca/who-pays-the-property-taxes-utilities-and-other-costs-associated-with-the-property/) - The payment of these third party costs will depend largely on the billing cycle for each. Property taxes are often the most confusing thing for buyers. Property taxes are payable to the municipality once a year, and the payment date is in the middle of the year. The payment covers the calendar year, which is
- [When is GST applicable to my purchase?](https://mmslawfirm.ca/when-is-gst-applicable-to-my-purchase/) - Whether or not you will need to pay GST on your purchase will depend on a number of things. Is the property new or used? Are you purchasing the property as an individual or in the name of your company? How did the seller use the property? The general rule is that GST is not
- [When do I pay a deposit, how much is it normally, and what happens to my deposit?](https://mmslawfirm.ca/when-do-i-pay-a-deposit-how-much-is-it-normally-and-what-happens-to-my-deposit/) - The buyer pays the deposit within a short period of time following removal of all subjects. The buyer normally pays this money to its realtor, who holds the funds in its trust account pending completion. The buyer and seller normally should negotiate the amount of the deposit. Should the buyer not complete, the seller can
- [What must I do before I remove conditions (also called “subjects”) on a contract, and what is the result of removing conditions?](https://mmslawfirm.ca/what-must-i-do-before-i-remove-conditions-also-called-subjects-on-a-contract-and-what-is-the-result-of-removing-conditions/) - Common conditions in favour of the buyer relate to financing, title review, review of strata documentation, or sale of an existing property. A buyer is required to act in good faith when attempting to meet the obligations or when conducting a review of the property information prior to removing subjects. A buyer should ensure that
- [What is title insurance?](https://mmslawfirm.ca/what-is-title-insurance/) - Title insurance is more often required by a lender to protect their interests against defects in title or fraud. Defects in title normally covered include an addition, deck or some other structure located over a boundary line or encroaching on an area protected by a statutory right of way or restrictive covenant. Protections against fraud
- [What is the role of a lawyer versus the role of other professionals in a real estate transaction, such as a realtor, mortgage broker or appraiser?](https://mmslawfirm.ca/what-is-the-role-of-a-lawyer-versus-the-role-of-other-professionals-in-a-real-estate-transaction-such-as-a-realtor-mortgage-broker-or-appraiser/) - Other professionals normally work with a buyer long before the lawyer is involved. For most residential purchases, a buyer will retain a realtor to assist in finding the suitable property. A mortgage broker or the lender’s agent will work with a buyer to confirm the buyer can qualify for a mortgage. We recommend a buyer
- [What is the process required to arrange for a mortgage on a residential property?](https://mmslawfirm.ca/what-is-the-process-required-to-arrange-for-a-mortgage-on-a-residential-property/) - How a mortgage broker can help you and why you may want to involve one; A mortgage broker works for you and is paid by the lender. A mortgage broker will canvass many potential lenders to obtain a borrower the preferred terms, or simply just the best interest rate if that is the goal. Borrowers
- [What is the legal process of buying a residential property?](https://mmslawfirm.ca/what-is-the-legal-process-of-buying-a-residential-property/) - Much of the process of buying a home happens before we get involved. We always encourage realtors and mortgage brokers to introduce their clients to us prior to removing any purchaser conditions in a purchase agreement. We like to review the purchase agreement with a client, and review title with our client prior to them
- [What is the difference between the completion date, possession date and the adjustment date and how does this affect me as a buyer?](https://mmslawfirm.ca/what-is-the-difference-between-the-completion-date-possession-date-and-the-adjustment-date-and-how-does-this-affect-me-as-a-buyer/) - There are 3 key dates set out in a purchase agreement: completion, possession and adjustment dates. The completion day is therefore the day that title transfers from the seller to the buyer in exchange for the purchase price. The possession day is the day that the buyer gets access to the property to move in,
- [What is the difference between joint tenancy and being “tenants in common” on title?](https://mmslawfirm.ca/what-is-the-difference-between-joint-tenancy-and-being-tenants-in-common-on-title/) - When more than one person is listed as an owner on title, the owners must decide among them how they want title to pass to someone else should they die. If the owners choose to be Tenants in Common, when one of them dies, that deceased person’s interest in the property passes through their will
- [What is the “Interest Rate Differential Amount” and when does it apply?](https://mmslawfirm.ca/what-is-the-interest-rate-differential-amount-and-when-does-it-apply/) - To put it bluntly, the Interest Rate Differential Amount is often a shocker for borrowers looking to prepay their mortgage. When borrowing money on a mortgage, the borrower is entering into a contract with the lender to pay the lender interest at a set rate for a set term. Lenders protect themselves by charging a
- [What is an interest adjustment date, interest adjustment amount or IAD?](https://mmslawfirm.ca/what-is-an-interest-adjustment-date-interest-adjustment-amount-or-iad/) - When a mortgage is registered, the first payment date is normally several days beyond the typical payment period. The days between when the funds are advanced and when the normal payment period commences is called the interest adjustment period and the interest adjustment date is the day the lender takes out the interest adjustment amount.
- [What is a vendor take-back mortgage?](https://mmslawfirm.ca/what-is-a-vendor-take-back-mortgage/) - A vendor take-back mortgage (VTB) is a mortgage granted by a seller to a buyer when a buyer is buying the property from the seller, but unable or unwilling to pay the entire purchase price on completion. A VTB mortgage similar in most respects to a normal mortgage, save for that it often is also
- [What is a survey certificate?](https://mmslawfirm.ca/what-is-a-survey-certificate/) - A survey certificate is a document showing where the building(s) is located on a property, showing the property’s boundary lines, together with the building footprint within those lines. A professional surveyor will be required to obtain a survey. We always recommend that a buyer obtain a survey certificate when purchasing a house, as this confirms
- [What is a second mortgage?](https://mmslawfirm.ca/what-is-a-second-mortgage/) - A second mortgage is just that – it is the second mortgage registered on title behind a previously registered mortgage. There is no limit to the amount of mortgages a borrower can grant, but lenders are normally only willing to take mortgages where there is sufficient equity in a property to ensure these funds can
- [What documents are required to complete a residential property purchase?](https://mmslawfirm.ca/what-documents-are-required-to-complete-a-residential-property-purchase/) - The buyer’s lawyer normally prepares most of the documents required to complete the transaction, including most documents the seller must sign. Key documents prepared by the buyer and sent to the seller include: a. Seller’s Statement of Adjustments – this sets out the funds coming in, the payments out, and any adjustments/credits or such between
- [Reviewing the title to a property you are purchasing](https://mmslawfirm.ca/reviewing-the-title-to-a-property-you-are-purchasing/) - Our review of title includes pulling any charge listed on the title abstract, reviewing it, explaining it to the client as necessary, and determining if any of the listed charges will affect their intended use or enjoyment of the property. Standard items on title include restrictive covenants, building schemes, easements, mortgages, and rights of way.
- [How does a residential property transaction close and when do you get title in your name?](https://mmslawfirm.ca/how-does-a-residential-property-transaction-close-and-when-do-you-get-title-in-your-name/) - A transaction can close once both parties sign all necessary documents, and once the buyer has provided its lawyer with the full amount required to close. This amount will include the purchase price but will also include any other payments required, such as property transfer tax, legal fees, and any amounts the buyer must pay
- [Offers to Purchase and/or Letters of Intent](https://mmslawfirm.ca/offers-to-purchase-andor-letters-of-intent/) - When acting for a buyer, we like to prepare a basic document setting out the key points of a transaction, then commit the seller to these points. A common way to accomplish this is to draft a Letter of Intent in which the following are set out: Purchase Price; Deposit – amount; paid to whom;
- [Faced with potential foreclosure - know your rights and obligations?](https://mmslawfirm.ca/faced-with-potential-foreclosure-know-your-rights-and-obligations/) - We are real estate transactional lawyers. It is always a difficult call to take when a client or a call comes in asking about what to do when facing foreclosure. Foreclosure matters fall within the expertise of litigation lawyers and, after briefing a client on immediate options, we refer them to a litigation lawyer with
- [Considering purchasing US real estate – what you need to consider.](https://mmslawfirm.ca/considering-purchasing-us-real-estate-what-you-need-to-consider/) - If you are considering that winter home in Arizona, that condo in Vegas, that mobile trailer in Texas or any other property purchase, the first professional you should speak with is not your lawyer, it’s your accountant. BC lawyers are not licensed to practice in US jurisdictions unless they have obtained credentials in that state.
- [Who needs to have a will?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/who-needs-to-have-a-will/) - Every adult person who owns anything no matter how little and/or has children should have a will. By preparing a will, you will get to control the distribution of your assets. The provisions set out in a legally binding will must be followed, unless they are challenged as discussed below. You will spend your entire
- [Who do I need to appoint in my will to handle things when I die?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/who-do-i-need-to-appoint-in-my-will-to-handle-things-when-i-die/) - The person or people who will handle the payment of your debts, the sale or transfer of your home, and the distribution of your money (among other things) will be your executor. In your will you can name one or more people to act as your executor. You can also name alternate executors to handle
- [What happens if my will is found to be invalid?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/what-happens-if-my-will-is-found-to-be-invalid/) - There are a few different acts that regulate how wills must be prepared in order for them to be valid. There are specific requirements setting out how a will must be signed and witnessed. There are also specific requirements that must be met in order to make changes to an existing will. If your will
- [What happens if I die without a will?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/what-happens-if-i-die-without-a-will/) - If you die without a will then the handling of your estate is governed by the Estate Administration Act. The act takes the decision making out of your hands and the provisions in the act set out who gets what. For example, if you die and leave a surviving spouse and no children, the act sets
- [What does a will normally have in it?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/what-does-a-will-normally-have-in-it/) - Your will governs the distribution of your assets (your money, house, things in your house, vehicles, coin collections, time shares, etc.) after you pass away. By preparing a will, you get to decide: who will be in charge of the distribution of your assets how and when your assets will be distributed who your assets
- [I’ve moved here from another province where I had done a will. Is my will from that other province still valid?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/ive-moved-here-from-another-province-where-i-had-done-a-will-is-my-will-from-that-other-province-still-valid/) - As long as your will is valid in the province that it was made in, it will not be invalidated simply because you have moved to British Columbia. However, legislation governing wills is different in each province and you should have a lawyer in BC review your out of province will to make sure the
- [I’ve been told to consider trusts for my children in my will. Is this worthwhile and how do I accomplish this?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/ive-been-told-to-consider-trusts-for-my-children-in-my-will-is-this-worthwhile-and-how-do-i-accomplish-this/) - Yes it is worth it, especially if your children are minors, have a disability, have a mental illness or a problem with substance abuse. Not only can you save some tax, but you can create a situation where a trustee manages the child’s inheritance for a set period, with payment allowances for those things you
- [I want to exclude a child from receiving anything in my will, or leave them much less than the other kids. Can I do this?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-want-to-exclude-a-child-from-receiving-anything-in-my-will-or-leave-them-much-less-than-the-other-kids-can-i-do-this/) - Yes, you can disinherit a child. You must be aware of the Wills Variation Act though. BC law permits your child (or spouse for that matter) to challenge your will after your death. You should seek legal advice to ensure that you have sufficiently documented the reasons for your decision, and set this out in
- [I want to donate some money to charity when I die. How do I accomplish this in my will?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-want-to-donate-some-money-to-charity-when-i-die-how-do-i-accomplish-this-in-my-will/) - In your will you can include specific gifts to charities that will be paid out to the charities
- [I have no family members who I want to be my executor or trustee. Who can I appoint to handle my affairs?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-have-no-family-members-who-i-want-to-be-my-executor-or-trustee-who-can-i-appoint-to-handle-my-affairs/) - If you have no family members or friends that you are comfortable appointing as the executor of your will, you can appoint a corporate trustee to handle your estate. Most major financial institutions have corporate trustees who will manage your estate for you for a set fee. You can also appoint a corporate trustee to
- [I have disabled children or family members and want to leave them an inheritance, but do not want them to lose their disability benefits. How do I accomplish this in my will?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-have-disabled-children-or-family-members-and-want-to-leave-them-an-inheritance-but-do-not-want-them-to-lose-their-disability-benefits-how-do-i-accomplish-this-in-my-will/) - There are a lot of considerations to take into account when setting up a gift to a person with disabilities. If that person is receiving disability benefits, you will want to make sure your gift to them does not disqualify them from receiving those benefits. If the child with disabilities receives a lump sum gift,
- [I have a will but it is old – how often should I review it?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-have-a-will-but-it-is-old-how-often-should-i-review-it/) - When we meet with clients to prepare their wills, we recommend that they review their wills every 3 to 5 years or whenever they have a major life change. When you are planning your will, the plan should reflect what you want to happen if you were to die tomorrow and not 20 years from
- [I don’t want my children or grandchildren to get a large inheritance when they hit 19 years old. How do we ensure they get an inheritance but do not get control of all the money until a later age?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-dont-want-my-children-or-grandchildren-to-get-a-large-inheritance-when-they-hit-19-years-old-how-do-we-ensure-they-get-an-inheritance-but-do-not-get-control-of-all-the-money-until-a-later/) - You can control at what age your children and grandchildren will receive their gifts under your will by setting up trusts for them in your will. You can also specify that your children or grandchildren should get small portions of their gifts at different times. For example, you may want each of your children to
- [I do not like my child’s spouse. How can I ensure that the inheritance I leave is not going to get into that spouse’s hands?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-do-not-like-my-childs-spouse-how-can-i-ensure-that-the-inheritance-i-leave-is-not-going-to-get-into-that-spouses-hands/) - By creating a will that gifts your assets to your children or alternatively your grandchildren, if your children die before you, you can bypass your child’s spouse. Even in the case where your minor grandchildren are to receive a gift, you can set out in your will that your executor and not the grandchild’s parent
- [Can someone challenge my will?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/can-someone-challenge-my-will/) - If your spouse or children (biological or adopted) feel as though they have not been fairly provided for under your will, they may challenge the terms of your will by starting legal proceedings after you pass away. The court is then asked to decide whether you had any legal or moral obligation to leave a
- [Who should I appoint as my attorney?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/who-should-i-appoint-as-my-attorney/) - We recommend that the only person you appoint is someone you completely trust. This person will be able to use the document to transfer any of your assets, and can do almost anything with your assets that you could do yourself. Most married couples appoint the spouse, and consider a backup if they have a
- [What matters are normally set out in a representation agreement?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/what-matters-are-normally-set-out-in-a-representation-agreement/) - The document contains sections dealing many legal issues related to your health care and the appointments made in the document. Generally, the document will set what you do or do not want done medically, and can set out your end-of-life instructions should you be ill or injured to the point of no recovery.
- [What is a representation agreement?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/what-is-a-representation-agreement/) - A representation agreement is a legal document based on BC legislation that allows a person to appoint someone else to make personal and health care decisions for them usually when the appointing person is unable to instruct a doctor or caregiver. This document acts like a medical power of attorney, and can even include limited
- [What can an attorney do for me?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/what-can-an-attorney-do-for-me/) - Your attorney can do whatever you empower the attorney to do. Your power of attorney document will contain specific powers if your intention is to restrict the appointment to a specific purpose. Some power of attorney documents include a long list of powers. Unless there is a specific reason to restrict the appointment, our practice
- [What are the risks in appointing someone as an attorney?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/what-the-risks-in-appointing-someone-as-an-attorney/) - The person you appoint as your attorney will have the power to legally do anything that you permit the attorney to do in the document. Some power of attorney documents are specific to a task, such as signing legal documents for a real estate transaction. Most attorney documents drafted without a specific task in mind
- [The person you appoint is your “substitute decision maker”. What does this mean and who should I appoint?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/the-person-you-appoint-is-your-substitute-decision-maker-what-does-this-mean-and-who-should-i-appoint/) - This is the legal definition for the person you appoint in the document. You normally make your own decisions for your personal and health care, and when you cannot do this, the person you appoint is obligated to “substitute” for you in providing these instructions. As this person may be making key life and death
- [Should I appoint more than one person as my substitute decision maker?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/should-i-appoint-more-than-one-person-as-my-substitute-decision-maker/) - You can appoint more than one person. Your decision to appoint multiple substitute decision makers who must act together should not be made lightly. While the two or more individuals are to act on your previous instructions, there is always room for interpretation, and you cannot specifically set out your wishes for every possible physical
- [How is this document different from, or similar to, a will or a power of attorney?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/how-is-this-document-different-from-or-similar-to-a-will-or-a-power-of-attorney/) - A will sets out instructions for what happens when you die. A power of attorney in BC is limited to making decisions that are not for your personal or health care. A representation agreement is a legally binding document in which you appoint another person or persons to speak with medical and health care representatives
- [How is this document different from a “Living Will”?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/how-is-this-document-different-from-a-living-will/) - A living will was what some people used in BC, and may still use, to set out their end-of-life decisions so that their doctors and family or friends knew their wishes with respect to receiving certain “heroic” measures to save their life. A representation agreement normally does contain what could be considered a “living will”
- [Do I need a power of attorney?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/do-i-need-a-power-of-attorney/) - If you have assets, you should have a power of attorney. Even if you own your property jointly with a spouse, you could burden your spouse with an inability to transfer the property if you were to become mentally incapable. The benefits far outweigh the relative low cost of creating a power of attorney document.
- [Can I terminate this agreement or change the person I appoint in it?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/can-i-terminate-this-agreement-or-change-the-person-i-appoint-in-it/) - Yes, you can terminate the agreement at any time provided you are mentally capable of making legal decisions such as this. You can change the appointed person as well, but need to provide written instructions to ensure your changes are noted by all that must see the document.
- [Can I terminate the appointment of an attorney?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/can-i-terminate-the-appointment-of-an-attorney/) - Yes, you have the ability to terminate the appointment as desired. Your death will also terminate the appointment, and the person in charge of your assets will then be the legal representative named in your will.
- [Are there rules that an attorney must follow?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/are-there-rules-that-an-attorney-must-follow/) - There may be rules to follow in the document itself. If not explicitly set out, a person appointed as an attorney under a power of attorney will have what are called “fiduciary” responsibilities to the person appointing them. The attorney appointed is also governed by rules set out in the Power of Attorney Act in
- [Planning for incapacity](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/protecting-your-assets-with-a-will/) - Power of Attorney and Representation Agreements Our Kelowna law firm consists of three well-established and experienced estate planning lawyers. We routinely prepare power of attorney and representation agreement documents for clients as part of their estate plan. Clients often comment on how long they procrastinated in coming to see us to get these estate planning
- [What happens to our children if both my spouse and I die?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/trusts/what-happens-to-our-children-if-both-my-spouse-and-i-die/) - Your minor children will come under the care of the guardian you appointed in your will. If you do not have a will or did not appoint a guardian in your will, then the child would come under the care of the government pending placement with the appropriate family member. If you do not have
- [I’ve had children with my past spouse and am remarried. How do I ensure I provide for my children and my new spouse?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/trusts/ive-had-children-with-my-past-spouse-and-am-remarried-how-do-i-ensure-i-provide-for-my-children-and-my-new-spouse/) - When you have blended families, preparing your will can become quite complex. If you have remarried, but would like to keep your assets separate from your new spouse’s assets, its important to set this out clearly in your will along with your reasoning for doing so. You can provide that your spouse can continue to
- [I’ve been told that by putting my child on my bank account with me, it will save my estate money when I die and that this child will get the money in my bank account. Is this correct?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/trusts/ive-been-told-that-by-putting-my-child-on-my-bank-account-with-me-it-will-save-my-estate-money-when-i-die-and-that-this-child-will-get-the-money-in-my-bank-account-is-this-correct/) - The law in this area is evolving and the strict application of the law of trusts would result in the funds in the bank account being held by your child in trust for your estate. If it is your intention to leave this child the funds in that bank account, you will need to provide
- [I want to donate my organs when I die. How do I accomplish this?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/trusts/i-want-to-donate-my-organs-when-i-die-how-do-i-accomplish-this/) - You should ensure you have registered your wishes with the online organ donor registry, which you can find here . You should also discuss this with your family so that everyone knows the importance of this to you. It will be a difficult discussion for your family member to have with the doctor when the
- [Can I designate assets to go to someone outside my will, and how do I accomplish this?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/trusts/can-i-designate-assets-to-go-to-someone-outside-my-will-and-how-do-i-accomplish-this/) - You can designate certain registered investments such as your RRSP or Tax-Free Savings Account. You can also designate life insurance proceeds be paid directly to the beneficiary of your choice. You should initiate this process through your financial advisor, but a full discussion of your options is important. While you can save on probate fees,
- [Estate planning beyond preparing your will](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/trusts/) - The key legal document in most individual’s estate plan is their will. Beyond that, key legal documents include a power of attorney or a representation agreement. These legal documents are not the only thing a client can do to work through a thorough estate plan. Much of estate planning actually involves dealing with assets and
- [What happens to the deceased’s debts?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/probate/what-happens-to-the-deceaseds-debts/) - If the deceased has debts outstanding at the time he or she passes away, those debts will need to be paid out before the beneficiaries are paid. If an executor pays out the beneficiaries without paying out the deceased’s debts, the executor may be personally responsible for paying those debts. There are certain steps that
- [Administering the Estate](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/probate/) - Dealing with a person’s assets and estate after their death can be overwhelming for family members, but even more so for the individual(s) appointed to act as the executor. Beneficiaries often want and need funds much sooner than the executor can provide such to them. Bills must be paid, pets cared for, insurance changed, and
- [Are there any taxes to be paid?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/probate/are-there-any-taxes-to-be-paid/) - The executor will need to attend to the final income tax returns and applying for the tax clearance certificate. This certificate confirms that all income taxes or fees of the Estate are paid. It is important to ensure this is done correctly and you may wish to consult with an accountant. If the estate’s taxes
- [Do I need to apply for Letters Probate if the estate is small?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/probate/do-i-need-to-apply-for-letters-probate-if-the-estate-is-small/) - If the estate is small or insolvent (there isn’t enough money in the estate to pay off all the debts), then the executor may not need to apply for probate. We recommend that you consult with a lawyer before distributing any assets from a small estate to ensure that you, as the executor, will not
- [How do I get the deceased’s assets to the beneficiaries?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/probate/how-do-i-get-the-deceaseds-assets-to-the-beneficiaries/) - To distribute the deceased’s assets the executor can apply to the court for Letters Probate with the assistance of his or her lawyer. We assist our clients who are acting as executors with preparing the necessary forms to apply to the court for probate including various affidavits, lists of assets and liabilities, and notices that
- [What happens if one of my family members dies without a will?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/probate/what-happens-if-one-of-my-family-members-dies-without-a-will/) - If someone dies without a will, then someone will need to apply to be appointed as the ‘administrator’ of the estate. The administrator’s role is very similar to that of an executor, except the administrator is appointed by the court and the executor is appointed by the deceased person in their will. The Estate Administration
- [Acting as Executor](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/acting-as-executor/) - Our team of Kelowna lawyers has a handled countless estate administration matters. Executors often are overwhelmed with the amount of stress and work required to be completed upon death. Our expertise in navigating these legal matters can be invaluable to an estate administrator or executor. Executors have legal obligations to follow in such a role
- [What are my first duties as an executor?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/acting-as-executor/what-are-my-first-duties-as-an-executor/) - Once you've decided to act as the executor your duties will include: reviewing the will and ensuring it is the deceased’s last will by completing the appropriate searches attending to the funeral locating all of the deceased’s assets including bank accounts, investments, any real estate they may own, safety deposit boxes, vehicles, pensions, government benefits,
- [What is a Strata Form B and why is it necessary when buying or selling a strata lot?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/what-is-a-strata-form-b-and-why-is-it-necessary-when-buying-or-selling-a-strata-lot/) - A Form B - Information Certificate is a strata form that should be reviewed by anyone considering buying a strata lot. The Form B sets out information relating to the strata corporation and its financial affairs including the amount of the strata fees payable, the amounts of any outstanding or approved special levies, whether there
- [What happens when a strata lot owner has fines or penalties and wants to sell their property?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/what-happens-when-a-strata-lot-owner-has-fines-or-penalties-and-wants-to-sell-their-property/) - Strata owners are responsible for are fines or penalties levied against them by the strata corporation. Fines normally are levied for such things as failing to pay your strata fees on time or failing to pay a special levy. Any breach of your strata corporation’s bylaws may result in a fine or penalty depending on
- [What does it mean to own a strata lot?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/what-does-it-mean-to-own-a-strata-lot/) - When you buy a strata lot, you’re not only buying your individual strata unit, you are also purchasing an interest in the common property and common assets owned by your strata corporation, which is made up of every single owner in that particular strata development. For example, if you buy an apartment unit in a
- [What do I have to pay when owning a strata lot?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/what-do-i-have-to-pay-when-owning-a-strata-lot/) - Each year the owners in the strata corporation will vote on the strata fees to that each owner will be responsible for paying each month for the maintenance and repair of the common property and common assets. The strata fees cover the costs of the strata corporation’s regular expenses such as landscaping, snow removal, gym
- [What are the common issues when buying a strata lot?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/what-are-the-common-issues-when-buying-a-strata-lot/) - What are the common issues when buying a strata lot? When buying a strata lot, it is important that you get to know how that particular strata corporation runs its operations before buying into it. To get as much information as possible, the following documents should be reviewed: All minutes taken at strata council meetings,
- [I’ve bought a strata lot – what can I expect going forward?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/ive-bought-a-strata-lot-what-can-i-expect-going-forward/) - Each year, the strata corporation holds an Annual General Meeting to set the budget for the strata corporation, elect new strata council members and vote on any resolutions that need to be approved by all or a majority of the owners.
- [Strata Property Matters](https://mmslawfirm.ca/areas-of-practice/real-estate-law/strata-property-matters/) - What does it mean to own a strata lot? What do I have to pay when owning a strata lot? What happens when a strata lot owner has fines or penalties and wants to sell their property? What is a Strata Form B and why is it necessary when buying or selling a strata lot?
- [Why is my prepayment penalty higher than I thought?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/why-is-my-prepayment-penalty-higher-than-i-thought/) - Normally, if you prepay your mortgage, you are faced with a penalty of three months interest. Lenders can charge a penalty as you are terminating your loan agreement with them. They expected to make a certain amount of money on the loan over the term of the mortgage, but if you end that early, they
- [What must I do if I am not a resident of Canada and I want to sell my property?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/what-must-i-do-if-i-am-not-a-resident-of-canada-and-i-want-to-sell-my-property/) - In short, obtain a clearance certificate as soon as possible. Non-resident sellers should always work closely with their accountant during the sale process as a non-resident seller faces a holdback of 25-50% of the sale proceeds pending receipt of a clearance certificate from Revenue Canada. The clearance certificate will state how much, if any, tax
- [What is the difference between the completion date, possession date and the adjustment date and how does this affect me as a seller?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/what-is-the-difference-between-the-completion-date-possession-date-and-the-adjustment-date-and-how-does-this-affect-me-as-a-seller/) - The completion date is the date we will close the transaction and title will transfer from the seller to the buyer. Funds are transferred that day. The possession date is the date the buyer will receive the keys to the property and can officially move in. Often the possession is the day following completion strictly
- [What is a Property Condition Disclosure Statement?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/what-is-a-property-condition-disclosure-statement/) - The PCDS is a disclosure document a seller is required by law to complete and provide the buyer in addition to the purchase agreement. The PCDS forms part of the purchase agreement and the buyer is permitted to rely on the seller’s disclosure as set out in it. The seller must disclose various key points
- [What happens if I can’t afford to clear title to the property?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/what-happens-if-i-cant-afford-to-clear-title-to-the-property/) - A seller must be able to provide clear title to a buyer unless the parties agree otherwise, which is very rare. Sellers should confirm payout amounts on their mortgage(s) prior to even listing the property if they think that there may not be sufficient equity in the property to payout the mortgage(s). If the seller
- [What charges can I expect when paying out my mortgage?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/what-charges-can-i-expect-when-paying-out-my-mortgage/) - The payout includes the principal amount outstanding, any interest accrued since the last payment date to the completion date, the prepayment penalty if one is applicable, any credit for a property tax account if one was in existence, the standard $75 discharge fee, possibly a “reinvestment fee” or “cashback reimbursement” and then a per diem
- [Paying the realtor – how does this occur?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/paying-the-realtor-how-does-this-occur/) - The realtor receives the commission cheque from buyer’s lawyer prior to the buyer sending any net sale proceeds over to the seller’s lawyer. Normally, the buyer’s realtor holds a deposit cheque, and will deduct its commission from the deposit funds, then remit the balance, if any, to the buyer’s lawyer. The buyer’s lawyer then pays
- [I have a mortgage to pay out on closing – how do I get this done?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/i-have-a-mortgage-to-pay-out-on-closing-how-do-i-get-this-done/) - When representing the seller, we are required by the buyer’s lawyer to provide an undertaking (a solemn promise between lawyers than must be honoured) to payout and discharge any existing mortgage or charge on title that the buyer is not taking on. As such, it is our job to contact your lender and order an
- [How are the property taxes, utilities, pad rent, strata fees or other adjustments dealt with when selling a property?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/selling-a-residential-property/how-are-the-property-taxes-utilities-pad-rent-strata-fees-or-other-adjustments-dealt-with-when-selling-a-property/) - These customary adjustments are done through the Vendor’s Statement of Adjustments and the Buyer’s Statement of Adjustments. The lawyers will conduct searches and confirm amounts paid or owing for taxes, strata, utilities, ect... and then allocate such amounts between the parties in accordance with the days in the month or year for which the amounts
- [Entering into a Tenancy](https://mmslawfirm.ca/areas-of-practice/real-estate-law/residential-tenancy-matters/entering-into-a-tenancy/) - BC landlords and tenants of residential property should always have a written tenancy agreement. The Residential Tenancy Office has a standard form tenancy agreement the captures all the required details for enforceable tenancy agreements. You can find more details on the RTO website found at www.rto.gov.bc.ca and select “Entering Into a Tenancy” to locate the
- [Ending a Tenancy](https://mmslawfirm.ca/areas-of-practice/real-estate-law/residential-tenancy-matters/ending-a-tenancy/) - There are numerous ways to end a tenancy, and numerous restrictions on both landlords and tenants on how they can unilaterally end a tenancy. Fixed term tenancy agreements end at the completion of the term, unless the parties agree to permit a month to month tenancy following the end of the term. Month to month
- [Residential Tenancy Matters](https://mmslawfirm.ca/areas-of-practice/real-estate-law/residential-tenancy-matters/) - Entering into a Tenancy Ending a Tenancy Dealing with Issues During the Tenancy
- [Dealing with Issues During the Tenancy](https://mmslawfirm.ca/areas-of-practice/real-estate-law/residential-tenancy-matters/dealing-with-issues-during-the-tenancy/) - Parties are always encouraged to talk and negotiate a resolution to their dispute, but sometimes this does not result in a resolution. When agreement cannot be reached, parties can apply for arbitration, a process designed to allow landlords and tenants, without lawyers, to meet with an adjudicator to tell their story, and hopefully have a
- [Out of the Ordinary Real Estate Matters](https://mmslawfirm.ca/areas-of-practice/real-estate-law/out-of-the-ordinary-real-estate-matters/) - Buying Property with another person who isn’t a spouse or family member – when Co-ownership agreements are necessary and what is involved; Faced with potential foreclosure - know your rights and obligations? Buying a property in foreclosure – what to consider and what is the process? Considering purchasing US real estate – what you need
- [How does a residential property transaction close and when do you get title in your name?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/buying-a-residential-property/how-does-a-residential-property-transaction-close-and-when-do-you-get-title-in-your-name/) - A transaction can close once both parties sign all necessary documents, and once the buyer has provided its lawyer with the full amount required to close. This amount will include the purchase price but will also include any other payments required, such as property transfer tax, legal fees, and any amounts the buyer must pay
- [Creating or reviewing a purchase contract for a residential property](https://mmslawfirm.ca/areas-of-practice/real-estate-law/buying-a-residential-property/creating-or-reviewing-a-purchase-contract-for-a-residential-property/) - When a client uses a realtor, the realtor will normally draft the purchase agreement. We offer a free contract review for any clients of ours, or clients of a realtor who are referred to us. In providing this service, we review the agreement, discuss the legal implications of any terms and conditions with the buyer,
- [Cost Effective, Prompt, Professional Service](https://mmslawfirm.ca/areas-of-practice/business-law/cost-effective-prompt-professional-service/) - Business transactions can be stressful and clients rely on us to help them ensure the transaction completes with as little stress as possible. We maintain high service levels throughout the transaction by doing the following: setting timelines and meeting them; being available when a client calls; responding promptly to all communications between the parties, our
- [Working with Other Professional Advisors](https://mmslawfirm.ca/areas-of-practice/business-law/closing-the-deal-dealing-with-issues-signing-the-documents-and-transferring-the-business/working-with-other-professional-advisors/) - A business purchase or sale will normally involve not only a lawyer, but other professional advisors as well. The key advisor at the onset is often the client’s accountant, as many business transactions are driven by the tax consequences that come with a share sale vs. an asset sale, or in the value(s) of the
- [When Issues Arise Prior to a Transaction’s Completion](https://mmslawfirm.ca/areas-of-practice/business-law/closing-the-deal-dealing-with-issues-signing-the-documents-and-transferring-the-business/when-issues-arise-prior-to-a-transactions-completion/) - Most transactions do not proceed without some surprise coming up that must be addressed prior to the parties being willing to complete. How you deal with the surprises depends on your ability or willingness to enforce the representations in the buy/sell agreement, or your ability to fix the problem that arises. Litigation should not be
- [Closing the Deal – dealing with issues, signing the documents, and transferring the business.](https://mmslawfirm.ca/areas-of-practice/business-law/closing-the-deal-dealing-with-issues-signing-the-documents-and-transferring-the-business/) - All parties eagerly anticipate the completion date. Documents are exchanged between parties and the parties work together to ensure a seamless transition of the business on closing. Inventories are often conducted on or near the completion date, and these have to be documented. At the same time, parties often must attend to finalize and sign
- [Commercial Financing](https://mmslawfirm.ca/areas-of-practice/business-law/financing-the-deal-how-will-a-buyer-pay-for-the-business/commercial-financing/) - Our Kelowna office routinely acts as counsel for lenders in commercial financing transactions. When asked to do so, we prepare the financing packages for the lender’s clients. We work with the borrower’s counsel to facilitate the timely and efficient delivery of financing documents, review of signed documents and delivery of loan proceeds. Our Kelowna law
- [Financing the Deal – how will a buyer pay for the business?](https://mmslawfirm.ca/areas-of-practice/business-law/financing-the-deal-how-will-a-buyer-pay-for-the-business/) - Few buyers pay for a business transaction in cash. Financing is normally involved and can take on a variety of forms. We routinely act for lenders looking to provide financing to buyers. With over 600 companies as our clients, we are more often called upon to act for a buyer or seller in a business
- [Non-Competition Agreements, Non-Solicitation Agreements and Restrictive Covenants](https://mmslawfirm.ca/areas-of-practice/business-law/papering-the-deal-what-legal-documents-are-needed/non-competition-agreements-non-solicitation-agreements-and-restrictive-covenants/) - When purchasing a business, it may be important to the buyer that the seller not compete with the buyer in any fashion for a set period of time and within a set area after the transaction has completed. It is wise for the buyer and seller to discuss this issue at the outset, and then
- [Employment Agreements and Independent Contractor Agreements](https://mmslawfirm.ca/areas-of-practice/business-law/papering-the-deal-what-legal-documents-are-needed/employment-agreements-and-independent-contractor-agreements/) - The value of a business goes beyond its hard assets and goodwill. Some businesses have longstanding employees that have invaluable knowledge of the business or of the industry generally, or who are the key people for customer relations. Many businesses do not have written employment agreements in place, with the basic employment details merely recorded
- [Creating Corporate Entities and the Associated Stakeholder Agreements](https://mmslawfirm.ca/areas-of-practice/business-law/papering-the-deal-what-legal-documents-are-needed/creating-corporate-entities-and-the-associated-stakeholder-agreements/) - When a client decides that a sole proprietorship is not appropriate for their business operations, we help them create the appropriate legal entity. We routinely incorporate BC companies for clients and set up the company’s legal structure by issuing shares to the owners, appointing directors and/or officers to manage the company’s affairs, creating company bylaws,
- [Buy/Sell Agreements and Associated Transaction Documents](https://mmslawfirm.ca/areas-of-practice/business-law/papering-the-deal-what-legal-documents-are-needed/buysell-agreements-and-associated-transaction-documents/) - The backbone of any business transaction will be the buy/sell agreement. This document governs how the transaction proceeds from start to finish and is essentially about allocating the risk between the buyer and the seller. It sets out the price, deposit amount, financing details, payment requirements, holdback and potential reductions or offsets are determined. Much
- [Confidentiality Agreements and Non-Disclosure Agreements](https://mmslawfirm.ca/areas-of-practice/business-law/making-a-deal-considering-the-initial-terms-and-letting-a-buyer-see-your-confidential-details/confidentiality-agreements-and-non-disclosure-agreements/) - Most often, a seller will insist on the buyer signing the seller’s form of confidentiality/non-disclosure agreement. Buyers may also benefit from such an agreement, but the provisions of a confidentiality/non-disclosure agreement are generally used to protect the information the seller provides to the buyer as part of the process the buyer wishes to undertake when
- [Papering the Deal – what legal documents are needed?](https://mmslawfirm.ca/areas-of-practice/business-law/papering-the-deal-what-legal-documents-are-needed/) - The key legal document for a business transaction will be the buy/sell agreement. Beyond this, ancillary documents may include non-competition/non-solicitation agreements, employment agreements, lease assignments or any other material agreement required to facilitate the transfer and continued operation of the business as a going concern. At this point, the buyer normally has completed its due
- [Assets vs. Shares – How will a transaction proceed?](https://mmslawfirm.ca/areas-of-practice/business-law/making-a-deal-considering-the-initial-terms-and-letting-a-buyer-see-your-confidential-details/assets-vs-shares-how-will-a-transaction-proceed/) - The most basic decision when determining how a business purchase/sale will proceed is to determine what is being sold and bought. Generally, there are two options: a sale of the business assets; or the sale of the ownership interest in the ownership entity, be it a sale of a corporation’s shares, a partnership’s partnership units,
- [Making a Deal – considering the initial terms and letting a buyer see your confidential details.](https://mmslawfirm.ca/areas-of-practice/business-law/making-a-deal-considering-the-initial-terms-and-letting-a-buyer-see-your-confidential-details/) - As initial discussions between seller and buyer move forward, the parties must discuss what type of documents they will require before getting into full disclosure of the seller’s confidential business information. Proper legal documentation becomes crucial at this point. Our team of business lawyers can quickly and effectively prepare the necessary confidentiality agreement, non-disclosure agreement
- [Preparing Your Business For Sale](https://mmslawfirm.ca/areas-of-practice/business-law/creating-a-deal-what-to-consider-when-preparing-to-buy-or-sell-a-business/preparing-your-business-for-sale/) - Our involvement in a client’s business transaction commences when our client retains us to assist. Often times we are contacted well into the process. We are happy to join the process at any time, but we find the process works best for our client the sooner they involve us in the transaction. Key parts of
- [I’ve been told that I should put my child on title to avoid probate tax. Is this a good idea?](https://mmslawfirm.ca/ive-been-told-that-i-should-put-my-child-on-title-to-avoid-probate-tax-is-this-a-good-idea/) - This is not something we quickly or even normally recommend. While this may save you some tax when you die, you are truly transferring an interest in property to someone else. You lose control of the property to some extent and you cannot force the child to transfer it back to you. You may trigger
- [I have property in another province or in another country. Will my BC will govern those assets?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/estate-planning/i-have-property-in-another-province-or-in-another-country-will-my-bc-will-govern-those-assets/) - This will depend on how you structure your will. You can have more than one will to govern your assets in different locations. If you create a valid will in BC to govern all of your assets around the world, it may be valid, but your wishes may not be able to be complied with
- [Terms & Conditions](https://mmslawfirm.ca/terms-conditions/) - Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into
- [Resources](https://mmslawfirm.ca/resources/) - Links to hookups, media, and fun in the Okanagan
- [Buying Property with another person who isn’t a spouse or family member – when Co-ownership agreements are necessary and what is involved;](https://mmslawfirm.ca/areas-of-practice/real-estate-law/out-of-the-ordinary-real-estate-matters/buying-property-with-another-person-who-isnt-a-spouse-or-family-member-when-co-ownership-agreements-are-necessary-and-what-is-involved/) - So you’ve bought a home with your sibling, business partner or a good friend. Now what? Buying the home may be the easy part. Now that you’ve bought the home, who is going to pay for the utilities, property taxes, strata fees, home repairs and insurance. Who will be living in the property or, if
- [Buying a property in foreclosure – what to consider and what is the process?](https://mmslawfirm.ca/areas-of-practice/real-estate-law/out-of-the-ordinary-real-estate-matters/buying-a-property-in-foreclosure-what-to-consider-and-what-is-the-process/) - As the economy stalled in 2008, the real estate market started to cool. Many homeowners were not able to maintain payments on their mortgage, or they could ride out the term but then were not able to renew their mortgage. For whatever reason, they have allowed the lender to take over ownership of the property.
- [What happens if I am appointed as an executor?](https://mmslawfirm.ca/areas-of-practice/wills-and-estates/acting-as-executor/what-happens-if-i-am-appointed-as-an-executor/) - If your are appointed as an executor the first thing you will need to decide before doing ANYTHING is whether you want to act as the executor. If you decide that you do not wish to act as the executor, then you must renounce your appointment before you take any actions that the executor would
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- [Wills, Trusts, Estates & Estate Planning](https://mmslawfirm.ca/wills-trusts-estates/) - We routinely help our clients plan their estate such that they have properly drafted wills as well as other estate planning tools such as powers of attorney and representation agreements. We can you set up a family trust, alter ego trust, joint partner trust or any other trust documents. We work not only with clients but
- [Real Estate](https://mmslawfirm.ca/real-estate/) - Kelowna Real Estate Lawyer Montgomery Miles & Stone Law Firm and acts for individuals and businesses.
- [Business Law](https://mmslawfirm.ca/business-law/) - Montgomery Miles & Stone Law Firm specializes in business law in Kelowna, BC

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## contact directly

- [Tian Ren, EA to Allisa Wu](https://mmslawfirm.ca/contact-directly/tian-ren/)
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- [Leah Schurian](https://mmslawfirm.ca/contact-directly/leah-schurian/) - Leah was born and raised in Kelowna and has deep roots in the community. She completed her Bachelor of Arts at UBC Okanagan, majoring in International Relations, and her Juris Doctor from the University of Alberta. After graduating law school Leah returned home to Kelowna and has been practicing here ever since. Leah practices in
- [Allisa Wu](https://mmslawfirm.ca/contact-directly/allisa-wu/) - Allisa Wu Allisa grew up in Richmond, BC, before moving to Quebec and Ontario to pursue her undergraduate studies at McGill University and her Dual Juris Doctor Degree at the University of Windsor and the University of Detroit Mercy, graduating magna cum laude from her program. She was called to the Ontario bar in 2014,
- [Melissa Garcia, EA to Peter Borszcz](https://mmslawfirm.ca/contact-directly/melissa-garcia-ea-to-peter-borszcz/)
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- [Alan J. McKenzie](https://mmslawfirm.ca/contact-directly/alan-mckenzie/) - Alan was born and raised in Quesnel, BC. He obtained his undergraduate degree from UNBC in Prince George, BC in 2011, where he majored in Biology. In 2016, he obtained a law degree from the Faculty of Law at Thompson Rivers University in Kamloops, BC. He returned to his hometown and articled with a small
- [Megan Warkentin, EA to Alan McKenzie](https://mmslawfirm.ca/contact-directly/megan-warkentin-ea-to-alan-mckenzie/)
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- [Peter Borszcz](https://mmslawfirm.ca/contact-directly/peter-borszcz/) - Peter Borszcz is a Lawyer and partner at Montgomery Miles and Stone Law Firm. Peter practices in the areas of business law, real estate development, real estate regulation and licensing, commercial lending and commercial real estate, with an emphasis on shopping centres, agricultural businesses (including vineyards and wineries), liquor licensing, telecommunications and utilities, commercial financing,
- [Richard Montgomery](https://mmslawfirm.ca/contact-directly/richard-montgomery/) - Richard balances a busy law practice with his outside interests that include swimming, cycling and triathlons in the summer months and skiing in the winter. His business clients are varied and include proprietorships, partnerships, companies, investors, developers, and financial institutions. His real estate clients range from lending and mortgage work to conveyancing, leasing and development
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- [Vanessa Carle](https://mmslawfirm.ca/contact-directly/vanessa-carle/) - Vanessa moved to Kelowna from the lower mainland in 2005 and believes this was one of the best decisions she ever made! She completed her Bachelor of Arts from UBC with a double major in English and Classical Studies and her Bachelor of Education from UBCO as an elementary specialist. Vanessa has practiced in a
- [Cheryl Heschuk](https://mmslawfirm.ca/contact-directly/cheryl-heschuk/)
- [Deanna Stone](https://mmslawfirm.ca/contact-directly/deanna-stone/) - Deanna grew up in St. Albert, Alberta before moving to Kelowna in 2007. She completed both her Bachelor of Commerce Degree (majoring in human resources) and her Law Degree at the University of Alberta. Deanna was called to the bar in 2009 and joined Montgomery Miles as an associate lawyer in 2011. In September of
- [David Miles](https://mmslawfirm.ca/contact-directly/david-miles/) - Dave was born and raised in Saskatoon but moved to Kelowna in 1991. Dave graduated from KLO Secondary School with honours. He obtained his private pilot license before attending Okanagan University College for his first two years of general study before transferring to the University of British Columbia where he completed his Bachelor of Arts

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