How to Cancel a Committeeship and Restore Your Autonomy
If you have been declared a “patient” under British Columbia’s Patients Property Act (PPA) and are under a court-ordered committeeship, you may feel like your independence has been taken away. The good news is that committeeship is not necessarily permanent.
If you believe you have regained the mental capacity to manage your affairs, or that you were wrongly declared incapable to begin with, you may be able to apply to reverse the committeeship order and restore your legal rights.
This blog explains how that process works and what steps you need to take.
What Is a Committeeship?
A committeeship is a court-ordered guardianship imposed under the Patients Property Act when someone is declared mentally incapable of managing their personal, financial, or legal affairs. A committee, often a family member or the Public Guardian and Trustee, takes control over the person’s decisions.
There are two types of Committeeship:
Committee of the estate – manages financial and legal affairs.
Committee of the person – makes health and personal care decisions.
If you’ve been placed under committeeship, you are considered a “patient” in the eyes of the law and cannot legally make decisions about the areas for which the court has granted an order, unless the order is revoked.
Can a Committeeship Be Reversed?
Yes. The Patients Property Act allows a person who has been declared a patient to apply to cancel the committeeship if they can demonstrate they are now capable of managing their affairs.
This is called an application to cancel the certificate of incapacity and terminate the committeeship order.
Legal Requirements to Reverse a Committeeship
Under section 8 of the Patients Property Act, a patient (or someone on their behalf) must present medical evidence to the BC Supreme Court showing that the person is no longer mentally incapable.
To be successful, your application must include:
1. Two Medical Affidavits
You must provide affidavits from two qualified physicians who have examined you and are willing to swear under oath that:
You are mentally competent, and
You are capable of managing your financial and/or personal affairs (or both), depending on the type of committeeship order that was put in place by the court.
The doctors should be independent (not affiliated with the committee), and ideally, one should be a specialist such as a geriatric psychiatrist, neurologist, or psychologist, especially in complex or contested cases.
2. Affidavit Evidence from You or Supporters
You (or your lawyer) can also submit an affidavit outlining:
Your current living situation
Your ability to manage bills, appointments, or medication
Any support systems in place (family, professionals)
How your condition has improved, if applicable (examples being recovery from illness, resolution of acute episode)
3. A Petition to the BC Supreme Court
Your lawyer will file a formal petition asking the court to cancel the declaration of incapacity and revoke the committeeship order. The petition will be served on the relevant parties and they will be given a chance to respond.
The Court’s Role
The BC Supreme Court will review all of the evidence and determine whether you are now capable. If the court is satisfied, it will issue an order cancelling the committeeship, and you will regain legal control over your affairs.
If the court has any doubt about your current capacity, or if the committee opposes the cancellation, the process can become more complex, possibly involving cross-examination of doctors or a hearing.
Tips for a Successful Application
Get strong, clear medical reports. Vague or equivocal opinions (“may be capable” or “shows improvement”) may not be enough.
Demonstrate practical evidence of capability, such as proof of handling finances or making informed decisions.
Work with a lawyer. Committeeship applications are filed in BC Supreme Court and involve procedural rules and evidentiary standards.
Consider your support system. If you're still vulnerable, show the court you have family, advisors, or community support to help manage challenges.
What Happens After a Committeeship Is Cancelled?
If the application is successful:
You regain your legal status as a capable adult.
The committee loses their authority over your affairs.
Any previous legal restrictions are lifted.
You may want to prepare new estate planning documents (e.g., power of attorney, will, representation agreement) to protect yourself going forward.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about committeeship applications or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Challenging Committeeship Applications as a Patient
If someone has filed a committeeship application to be appointed as your committee (legal guardian) under British Columbia’s Patients Property Act (PPA), and you believe you are still capable of managing your own affairs, you have the right to respond to and challenge the application.
Understanding your rights and the legal process is key. This blog provides a straightforward overview for individuals who are the subject of a committeeship application—also referred to as the "patient" in court filings.
What Is a Committeeship?
Under the Patients Property Act, a person may be declared "mentally incompetent" by the BC Supreme Court. The court may then appoint a committee of the person, committee of the estate, or both, to manage the patient's personal care or financial affairs.
This process often starts when family members or health authorities believe someone cannot manage their affairs due to cognitive decline, brain injury, or mental illness.
Take a look at our past blog to learn more about the Committeeship Process generally.
What Does It Mean to Be Declared a “Patient”?
Being declared a patient under the PPA has serious consequences:
You lose the legal right to make decisions about your finances, property, or personal care (depending on the type of committeeship granted).
Someone else gains control over aspects of your life that you may still be capable of managing.
Because the impact is significant, you have the right to participate in the court process and oppose the application if you do not agree with it.
Your Rights as the Respondent (Patient)
You have the right to:
Receive notice of the application.
Hire a lawyer to represent you.
Object to the application in writing or in court.
Request an independent medical assessment.
Present evidence of your capacity.
How to Challenge a Committeeship Application
1. Consult a Lawyer Immediately
If you’ve received a copy of a notice of application for committeeship, time is critical. A lawyer experienced in committeeship applications can help assess your situation and guide your response.
2. File a Response
Your lawyer can help you file a response to the application, stating your opposition and the grounds for it.
3. Challenge the Medical Evidence
A PPA committeeship application must be supported by two affidavits from medical practitioners stating that you are incapable of managing your affairs.
You can:
Obtain an independent medical opinion.
Challenge the qualifications or findings of the doctors supporting the application.
Argue that your alleged incapacity is temporary or situational.
4. Gather Supporting Evidence
Your lawyer may help you collect evidence showing:
You are managing your financial affairs (e.g., paying bills, handling banking).
You are making sound personal or health decisions.
You have a valid enduring power of attorney or representation agreement already in place.
5. Attend the Court Hearing
You are entitled to be present at the court hearing. If you have difficulty attending in person, your lawyer can request remote participation or make accommodations for disability or health needs.
Alternative Options
If you agree that you need some help but maintain that you have the capacity to craft legal documents and do not believe committeeship is necessary, your lawyer might help you propose less intrusive alternatives, such as:
A new enduring power of attorney (if you still have capacity to make one).
A representation agreement for health and personal care decisions.
Supported decision-making arrangements.
These can help you retain autonomy while receiving assistance where needed.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about committeeship applications or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Applying for Committeeship in BC when a Loved One has Lost Capacity
Watching a loved one lose the ability to make decisions for themselves, due to illness, injury, or age, is incredibly difficult. When that person has no documents naming a fiducairy in place, families in British Columbia may need to apply to the BC Supreme Court to be appointed as a committee.
This legal process is known as a committeeship application, and it grants someone the authority to make decisions on behalf of an adult who is mentally incapable (the “patient”). It can be complex, emotional, and time-sensitive, so hiring a lawyer is often not just helpful, but essential.
What Is Committeeship?
Under British Columbia’s Patients Property Act, when an adult is incapable of managing their affairs or their person, the court can appoint someone to act as their committee; essentially a substitute decision-maker.
There are two types of committeeship:
Committee of the estate: Manages the adult’s financial and legal matters (banking, property, taxes).
Committee of the person: Makes personal and health care decisions (where they live, medical decisions).
In some cases, one person is appointed for both roles. In others, responsibilities are split between family members and professionals or multiple people are appointed as co-committees.
When Is Committeeship Needed?
Committeeship is usually needed when:
The adult is no longer capable of making decisions.
The adult does not have documents appointment a fiduciary, such as a power of attorney, representation agreement, or appointment of committee.
There is a need to manage the adult’s finances, sell property, make health decisions, or protect them from financial abuse or neglect.
Common causes of incapacity include:
Dementia or Alzheimer’s
Stroke or brain injury
Mental illness
Developmental disability
Coma or prolonged unconsciousness
Drug dependence
The Committeeship Application Process
The application is made to the BC Supreme Court and involves several steps:
1. Medical Evidence
You must obtain affidavits from two medical practitioners confirming that the adult is incapable of managing their affairs and/or person. These affidavits contain the opinions of the practitioners based on capacity tests they have performed.
2. Notice to Interested Parties
Family members, close friends, and others with an interest must be notified of the application. If no one opposes it, the process is considered uncontested.
The Public Guardian and Trustee is considered an interested party, and must be notified and given the opportunity to review the application.
The patient must also be notified, unless the medical practitioners deem service of the patient to be dangerous and provide evidence for the court as to the dangers. Keep in mind, the court must agree with this line of argument, otherwise you will be required to serve the patient.
3. Court Filing
Your lawyer will prepare a petition, affidavits, and supporting documents outlining:
Your relationship to the adult
The adult’s assets, liabilities, and care needs
Why committeeship is necessary
Why you are a suitable committee
4. Court Review
In uncontested cases, a judge may grant the order. If anyone objects, the matter can proceed to a hearing, which adds cost and delay while the court decides who is the proper person to be committee for the patient.
Why You Should Hire a Lawyer
While it is possible to file a committeeship application on your own, here’s why legal representation is strongly recommended:
Complex Procedure
The paperwork is technical, and court rules must be strictly followed. Errors in the documents or medical affidavits can lead to delays or rejection.
Sensitive Family Dynamics
If there’s any potential for conflict, even informal disagreements among siblings or relatives, a lawyer can help navigate those tensions and prevent or put your case forward you in a contested application.
Protecting the Vulnerable Person’s Interests
The court requires detailed information to ensure the adult’s rights are protected. A lawyer ensures the application fairly represents the adult’s needs and complies with legal standards.
Saving Time and Stress
Lawyers can streamline the process by coordinating with doctors, preparing accurate documents, and handling court filing and service. This helps avoid unnecessary delays and complications at an already difficult time.
What Happens After a Committee Is Appointed?
Once appointed, the committee must:
Act in the adult’s best interest
Keep detailed financial records
Submit reports to the Public Guardian and Trustee, as required
Not mix their own funds with the adult’s funds
Potentially apply for court approval for major decisions
Failure to comply can lead to court review or removal of the committee.
Zachary has managed multiple committeeship applications for clients in different jurisdictions across British Columbia and provided successful results, including urgent situations.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about committeeship applications or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
What to Do When a Loved One Is Missing: Understanding Presumption of Death Applications in BC
When a loved one goes missing without explanation, families are left in limbo—emotionally and legally. If the person is missing for an extended period and there is no evidence that they are alive, the law provides a way to resolve this uncertainty. In British Columbia, this is done through an application under the Presumption of Death Act.
This post explains what the Presumption of Death Act is, who can apply, what the court considers, and what the consequences of such an order are.
What Is the Presumption of Death Act?
The Presumption of Death Act, [RSBC 1996] Chapter 444, is a provincial statute in British Columbia that allows a court to declare a missing person legally dead if there is no sufficient evidence that the person is alive and circumstances justify the presumption of death.
This legal declaration enables families to move forward, both personally and practically, with matters such as:
Estate administration
Insurance claims
Pension or survivor benefits
Property and guardianship decisions
Who Can Apply?
Under the Act, any person with sufficient interest may apply to the BC Supreme Court for an order declaring that the missing individual is presumed to be dead. This usually includes:
A spouse or common-law partner
Children or other close relatives
An executor or administrator of the estate
An insurance company with a policy on the missing person’s life
What Must Be Proven?
The applicant must provide sufficient evidence that:
The person has been missing for a prolonged period.
Despite reasonable inquiries and efforts, no one has seen or heard from the person.
There is no evidence the person is still alive.
The circumstances reasonably support the conclusion that the person has died.
Evidence typically includes:
Police reports
Missing person reports
Affidavits from family and friends
News articles or media coverage
Documentation of search efforts
The person’s lifestyle, habits, and health
The court must be satisfied on a balance of probabilities that the person is dead.
Is There a Waiting Period?
While seven years is often referenced as a benchmark based on the common law, the Presumption of Death Act does not require a fixed waiting period. In practice, courts have granted orders in less time when the circumstances strongly suggest death based on the evidence.
The Court Process
Step 1: File an Application
The application is made in the BC Supreme Court. It must include:
A petition or notice of application
Supporting affidavits outlining the facts
Evidence, typically in the form of relevant documents
Step 2: Serve Interested Parties
You must serve notice of the application on any interested party, including:
The Public Guardian and Trustee (in some cases)
The Insurance Corporation of British Columbia (ICBC) or insurers, if policies are involved
Family members or known beneficiaries
Step 3: Hearing and Judgment
If the court is satisfied that the person is presumed dead, it will issue an order under the Presumption of Death Act.
Why Is a Court Order Necessary?
In British Columbia, a death certificate typically cannot be issued unless there is clear evidence of death, such as a body, official coroner’s report, or similar. Without a court declaration, legal and financial matters remain unresolved. Banks, insurers, and government agencies generally require formal proof of death before releasing funds or transferring property.
Further, once a court order is issued, the assets of the person presumed dead may be distributed and, as such, the court does not take these applications lightly in case the person is in fact alive and well.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about a Presumption of Death Act application, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
What Is a Payment Hearing in BC Small Claims Court?
If you’ve gone through a lawsuit or applied for default judgment in BC Small Claims Court and received a judgment in your favour, you may be wondering what happens next—especially if the other party hasn’t paid. That’s where a payment hearing comes in.
A payment hearing is a court process that helps creditors (the person owed money) understand a debtor’s financial situation and potentially arrange a payment schedule. It’s an important step in enforcing a court judgment when voluntary payment doesn’t happen.
When Can You Request a Payment Hearing?
You can request a payment hearing after receiving a Small Claims Court judgment that orders someone to pay you money. If the debtor doesn’t pay voluntarily within the time specified in the judgment, you can ask the court to summon them to appear and disclose their financial situation.
The purpose of the hearing is not to punish the debtor, but to:
Determine their income, assets, and ability to pay
Facilitate a realistic repayment plan
Enforce the judgment through legal means if necessary
How to Request a Payment Hearing
Here’s how to apply for a payment hearing in BC:
Step 1: Wait for the Deadline to Pass
You must wait until the payment due date in the judgment has passed and no payment has been made.
Step 2: File the Application
Complete and file a Summons to a Payment Hearing at the Small Claims Registry where the original judgment was granted. You will want to lay out what you would expect the Debtor to bring to the hearing for the court to review.
There is a court filing fee.
Step 3: Serve the Notice
You must serve the debtor with the hearing notice and supporting documents at least 7 days before the hearing date. You can hire a process server or arrange for service yourself according to the court rules.
What Happens at the Payment Hearing?
The hearing is typically held before a Provincial Court judge. Here's what to expect:
1. The Debtor Answers Questions
The debtor will be required to answer questions under oath about:
Employment status and income
Bank accounts and assets
Monthly expenses and debts
Ability to make payments toward the judgment
2. The Judge May Order Payments
Based on the information provided, the judge can:
Set a payment schedule
Make an order for lump sum or instalment payments
Adjourn the matter for further review
If the debtor fails to attend the hearing without a valid reason, the court may issue a summons to enforce attendance or, in extreme cases a warrant for arrest.
What If the Debtor Doesn’t Pay After the Hearing?
If the debtor doesn’t comply with the payment order, you may consider additional enforcement options, such as:
Wage garnishment
Bank account seizure
Property lien or seizure of personal assets
These steps often require additional applications and court orders, but a payment hearing is often a prerequisite or useful tool in assessing which enforcement options are worth pursuing.
Tips for Creditors
Bring proof of the unpaid judgment, any past correspondence, and a list of questions you want to ask.
Be realistic: the court won’t order payments the debtor simply cannot make.
Consider whether enforcement will be cost-effective if the debtor has limited assets or income.
Tips for Debtors
Attend the hearing. Failing to appear can lead to serious consequences.
Be honest and bring full documentation of your financial situation.
If you genuinely cannot pay, the court may grant more time or create a manageable schedule.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about payment hearings reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Default Judgment Applications and How to Defend Against Them
In civil litigation, default judgment is a powerful legal remedy. It allows a plaintiff to win a lawsuit simply because the defendant did not respond within the required time frame. However, just because a default judgment is granted doesn't mean it cannot be reversed. Courts also recognize that sometimes defendants fail to respond for valid reasons and the court has mechanisms to set aside or defend against default judgments.
In this blog post, we’ll explain what default judgment is, how a plaintiff would obtain default judgment, and what options a defendant has to challenge it.
What Is a Default Judgment?
A default judgment is a court order in favour of one party (usually the plaintiff) when the opposing party (usually the defendant) fails to take required steps, most often by:
Not filing a response to a civil claim or notice of claim
Not filing a defence (in Supreme Court) within the deadline
Not appearing in court when required
The result? The plaintiff may be awarded everything they’re asking for without needing to prove their case at trial.
When Can a Plaintiff Apply for Default Judgment?
In most civil courts (including BC Provincial and Supreme Court), the plaintiff can apply for default judgment after the response deadline has passed. The timeline depends on the jurisdiction and level of court.
The plaintiff can apply to the court for:
Monetary damages, if the claim is for a fixed amount
An appearance before a judge to assess damages, if the claim amount is not certain
How to Apply for Default Judgment
A plaintiff must typically:
Prove that the defendant was properly served with the claim.
Confirm that the defendant did not respond within the required time.
Provide supporting documents showing the amount claimed or the remedy sought.
If approved, the court will issue a judgment in favour of the plaintiff, which can then be enforced like any other court order.
Defending Against a Default Judgment
If you are a defendant who has had a default judgment entered against you, you still have options—but you must act quickly.
1. Apply to Set Aside the Default Judgment
Under the BC Supreme Court Civil Rules you may apply to have the judgment set aside. To succeed, you typically must show:
A reasonable explanation for your failure to respond
Prompt action once you became aware of the default
A defence on the merits (you have a valid legal argument if the case went to trial)
This is not a guaranteed application — the court balances fairness to both parties. However, if you act quickly and can show a good reason, courts often prefer to resolve disputes on their merits, not by default.
2. Negotiate With the Plaintiff
In some cases, it may be possible to settle the matter even after a default judgment. If the plaintiff is open to negotiation, you might agree on terms to have the judgment set aside by consent. This avoids a contested court application and saves time and cost.
Best Practices to Avoid Default
Respond promptly when served with legal documents.
If you need more time, consider asking for an extension or filing a Notice of Intent to Defend.
Keep your contact information current with relevant agencies or the courts.
If unsure, seek legal advice early to avoid missing critical deadlines.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about default judgment, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Understanding Civil Forfeiture in British Columbia: Process and Review Options
Civil forfeiture is a legal mechanism used in British Columbia that allows the government to seize property believed to be connected to unlawful activity. This tool is intended to disrupt crime by targeting its profits. However, it can be a complex and intimidating process for individuals whose property is targeted.
Below, I will explain how civil forfeiture works in British Columbia and explain some options you have if your property is subject to forfeiture.
What Is Civil Forfeiture?
Civil forfeiture is a streamlined process used by the British Columbia Civil Forfeiture Office (CFO) to seize personal property (excluding real estate) that is valued at $75,000 or less. It does not require a court hearing unless a claim is filed to contest the forfeiture.
Examples of property subject to civil forfeiture include:
Cash
Vehicles (including financed vehicles as of 2023)
Electronics
Jewellery
The property must be alleged to have been:
Proceeds of unlawful activity, or
An instrument of unlawful activity (i.e., used to commit a crime)
How the Process Works
1. Seizure of Property
Property is typically seized by law enforcement and referred to the Civil Forfeiture Office. You do not have to be criminally charged to have your property seized.
2. Notice of Intent
The CFO sends a Notice of Intent to Forfeit to the last known address of the property’s owner. This notice outlines:
What property is being seized
The alleged unlawful activity
The deadline to file a dispute (typically 60 days from the date of the notice)
3. Public Notification
The CFO may also publish the notice in the British Columbia Gazette, which serves as a form of public notice.
4. No Response means Automatic Forfeiture
If no claim is filed within 60 days, the property is automatically forfeited to the government. No court proceedings are held in this case.
How to Dispute Civil Forfeiture
If you want to stop the forfeiture, you must:
1. File a Notice of Dispute
Within 60 days of the notice, submit a Notice of Dispute to the CFO. This document must include:
Your full name and contact information
A description of the property
Why you’re challenging the forfeiture (i.e., your claim to the property)
A. Affidavit Submission
You can (and should) provide an affidavit explaining your version of events. This affidavit should address:
How you obtained the property
Who owns the property
Why the property is not connected to any crime OR that your are an innocent party
How the loss of the property may cause damages to you
Any other facts supporting your claim of lawful ownership or use
B. CFO May Withdraw the Action
Before referring the case to court, the CFO may review your affidavit and decide to withdraw the forfeiture action and return your property. This is a crucial opportunity to avoid litigation altogether. A well-prepared affidavit, especially one that clearly establishes your lawful interest and lack of involvement in criminal activity, may lead the CFO to stop the process.
C. Referred to Court
If the CFO decides to move forward despite your affidavit response, the matter is referred to the BC Supreme Court, where a full civil trial process begins.
Know Your Rights
Even if no criminal charges have been laid, you still have the right to:
Receive formal notice of forfeiture
File a dispute and affidavit
Request disclosure of evidence
Be heard in court
Prove that you are an “innocent owner”
Should You Get Legal Help?
Yes. Civil forfeiture is legally complex and involves procedural rules that can affect the outcome of your case. A lawyer can be of assistance and advise you of your rights and potential for success.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about civil forfeiture, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
BC IRP Explained: Your Rights and Next Steps After a Roadside Suspension
If you've been issued an Immediate Roadside Prohibition (IRP) in British Columbia, the situation can feel overwhelming, stressful, and confusing. The IRP system in BC is part of the province’s administrative approach to impaired driving, designed to remove unsafe drivers from the road swiftly. Unlike criminal charges, IRPs are administrative sanctions, but the consequences can still be severe.
Here’s a step-by-step guide to understanding and navigating an IRP.
What Is an Immediate Roadside Prohibition?
An IRP is a penalty issued by police when a driver fails or refuses a breathalyzer test. It can be issued under BC’s Motor Vehicle Act for driving with a Blood Alcohol Concentration (BAC) of 0.05 or more, or for refusing to provide a breath sample. IRPs can also be issued for drug impairment based on police assessment, though those are less common and follow different procedures.
There are three main levels of IRPs:
3-day prohibition
7-day prohibition
30- or 90-day prohibition
Penalties can include:
Immediate driving prohibition
Vehicle impoundment
Monetary fines
Mandatory alcohol education programs
Ignition interlock requirements
Step 1: Understand the Notice You’ve Received
The police officer will provide a Notice of Driving Prohibition, which takes effect immediately. It’s essential to read this document carefully. It will outline:
The duration of the prohibition
Whether your vehicle is impounded
How to request a review
Deadlines for action
You have only 7 days from the date of the IRP to apply for a review through RoadSafetyBC. Missing this deadline will generally forfeit your chance to dispute the prohibition. Keep in mind this is not 7 business days rather it is simply 7 days.
Step 2: Decide Whether to Challenge the IRP
You have the right to challenge the IRP by filing a written review application. Grounds for review include:
You were not the driver
You were not impaired or did not refuse a test
The Approved Screening Device (breathalyzer) was not functioning properly
The test was not administered correctly
Charter violations
You can apply online, by mail, or in person at an ICBC driver licensing office. A non-refundable fee is required ($100 for a written review or $200 for an oral hearing by phone).
Step 3: Gather Evidence
If you decide to challenge the IRP, start gathering evidence immediately. This might include:
A detailed written account of the incident
Witness statements
Photos or video
Receipts showing alcohol consumption
Expert reports
Legal representation is highly recommended. IRP reviews are complex, and the legal standard is not the same as a criminal charge.
Step 4: Submit Your Review and Attend the Hearing
Once you've submitted your review and supporting materials, the adjudicator from RoadSafetyBC will assess your case. If you’ve chosen an oral hearing, be prepared to explain your side and respond to questions. These hearings are conducted over the phone and typically last around 30–60 minutes.
The adjudicator’s decision will be mailed or emailed to you within 21 days. If the IRP is upheld, the driving prohibition and all penalties remain in effect.
Step 5: Serving Your Prohibition and Reinstating Your License
If you do not challenge the IRP or if your challenge is unsuccessful, you must:
Complete the prohibition period
Pay all associated fines
Complete any required programs (such as the Responsible Driver Program)
Possibly install an ignition interlock device
Apply for license reinstatement through ICBC
Reinstatement is not automatic. You may need to take additional steps depending on your driving history and the severity of the IRP.
If you’ve received an IRP, call legal counsel without hesitation. The timelines are short and rigid.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about a immediate roadside prohibitions or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Owe Money to ICBC After an Insurance Breach? Here’s What You Should Know
If you’ve received a notice from ICBC saying you owe them money, you're not alone. Many drivers in British Columbia find themselves in this situation after ICBC claims they have breached their insurance policy. This can happen following a car accident, a claim, or a routine review of your policy.
These debts can be significant and stressful. The good news is that, in some cases, you may be able to negotiate a settlement. This article will help you understand what that means and how to take the next steps.
To understand what a breach of insurance is, see the previous blog post.
Why ICBC May Seek Repayment After a Breach
When ICBC determines that you breached your policy, they may:
Deny your own claim for vehicle repairs or write-off value
Bill you for the costs they covered, such as damages or injury settlements
Initiate collection proceedings if the debt remains unpaid
Pursue legal action to recover the money
This can lead to serious financial consequences, especially if the debt is large. However, in some circumstances, ICBC may be open to negotiation.
Can You Negotiate a Debt with ICBC?
Yes. ICBC may agree to a reduced settlement —particularly if you are experiencing financial hardship.
Here is how the process generally works:
Contact ICBC Collections
Begin by explaining your situation.Provide a Financial Statement
ICBC may request details about your income, expenses, and assets to assess your ability to pay.Receive a Settlement Proposal
Based on your financial information, ICBC might offer a reduced lump sum, payment plan to settle the debt or combination of both.Agree and Finalize the Terms
If you accept, you will typically sign a settlement agreement and follow through with the agreed payment(s).
Potential Benefits of Negotiating with ICBC
Reduction of the total amount owed
Avoidance of court or formal collections
A manageable repayment plan
The ability to move forward without ongoing financial pressure
If ICBC has indicated you owe them a debt, seeking legal advice is strongly recommended. A lawyer can assess whether the initial breach was valid, may be able to challenge ICBC’s demand, or engage ICBC to seek debt-forgiveness on your behalf.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about ICBC breaches or debt forgiveness, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
ICBC Insurance Denied? What a Breach of Insurance Means for Drivers in BC
Breach of Insurance: What Drivers in British Columbia Need to Know
In British Columbia, it's the law: you must have car insurance before driving on public roads. When you buy insurance—usually from ICBC—you expect protection if something goes wrong. But if you don’t follow the rules in your insurance policy, ICBC can refuse to cover you. This is commonly called a breach of insurance.
What Is a Breach of Insurance?
A breach of insurance happens when a driver breaks the terms of their insurance policy. This can happen in several ways—like driving while impaired, letting an unlisted driver use your car, or giving false information to the insurer.
When this happens, ICBC may refuse to:
Pay for property damage;
Provide the insured with their ‘write-off value’ of a vehicle; or
Provide any of the protections outlined in your policy.
They likely will move to recover money they’ve already spent on your behalf.
How to Avoid a Breach of Insurance
To stay protected, here are some key tips:
Read your policy carefully. Make sure you understand what is and isn’t covered.
Ask questions. If anything in your policy is unclear, speak to your insurance broker or ICBC.
Be honest. Always provide truthful and accurate information when applying for or renewing insurance.
Act responsibly. Avoid risky actions like driving impaired or without insurance.
Keep records. Save your insurance documents and review them now and then to make sure they’re up to date.
If you're in an accident or need to file a claim, I recommend speaking to a lawyer before engaging with ICBC; but do so as soon as possible, there are timelines set by your policy. Overall, when speaking with the insurer be clear, honest, and prompt with the information you provide to ICBC. This helps reduce confusion and protects your coverage.
Need Help With an Insurance Breach?
If ICBC says you've breached your policy—or if you believe they’ve wrongly denied your coverage—get legal advice. A lawyer can help protect your rights and potentially challenge ICBC’s decision.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about a breach of insurance or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Car Accident Claims in British Columbia: What to Expect and Why You Should Speak to a Lawyer Early
Being involved in a car accident can be overwhelming, especially when you are left dealing with injuries, vehicle damage, and the insurance process. In British Columbia, most motor vehicle accident claims are managed through the Insurance Corporation of British Columbia (ICBC).
If you have been in a car accident, knowing how the claims process works—and when to get legal help—can make a significant difference in the outcome of your case.
Step-by-Step: How Car Accident Claims Work in BC
1. Reporting the Accident
After a collision, the first step is to report the accident to ICBC. This can be done online, by phone, or at a claim centre. It is important to be factual but cautious with what you say during this initial report. The statements you make early in the process can later affect your claim.
2. Determining Fault
While ICBC has moved to a no-fault system, that doesn’t mean there is no one at fault for the accident. ICBC will assign an adjuster to investigate the accident and determine who was liable (at fault) for the accident. This decision is based on:
The BC Motor Vehicle Act
Statements from drivers, passengers, and witnesses
Police reports (if applicable)
Vehicle damage and accident scene details
If ICBC decides you were partially or fully liable, it could affect your insurance premiums or, based on the situation, result in a breach of insurance and/or a debt owed to ICBC (both of which we will cover in upcoming blog posts).
These liablity decisions can be challenged—but having a lawyer early on to handle the accident claim from the outset can help prevent costly misjudgments that result in unfair decisions about liability.
3. Medical Benefits and Treatment (Part 7 Benefits)
Regardless of fault, you are generally entitled to certain basic medical and rehabilitation benefits under ICBC’s no-fault accident benefits (also known as “Part 7” benefits).
You must meet certain deadlines and documentation requirements to access these benefits. Missing a step can delay your recovery or result in denied coverage. Having a lawyer handle this process can help you focus on your recovery.
Why You Should Contact a Lawyer Immediately
Many people wait until problems arise with their ICBC claim before seeking legal advice. By that point, critical mistakes may have already been made and cannot be undone. Speaking with a lawyer early can help you:
1. Avoid Common Pitfalls
The ICBC claims process is complex and technical. A lawyer can guide you through every stage, ensuring that you don’t miss deadlines, provide inaccurate statements, or unknowingly limit your claim in some way.
2. Protect Your Rights
A lawyer works solely in your interest and can advise you on you individual situation.
3. Document and Build Your Case Properly
Proper medical documentation, evidence, and preparing statements are often required to support your claim. A lawyer knows what is needed and how to present it effectively.
4. Challenge Fault Determinations
If ICBC finds you at fault—or partially at fault—a lawyer can help challenge this assessment, using the law and evidence to advocate on your behalf.
What If You’re Contacted by ICBC Before You Speak to a Lawyer?
It is best to decline to give detailed statements or sign anything until you’ve spoken with a lawyer who can help you understand what’s being asked—and the consequences of agreeing. But be careful - ICBC expects a response within a certain time period. Failing to respond can come with major consequences that we will cover in upcoming blogs.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
Zachary Dallman is an experienced lawyer in British Columbia who assists clients with car accident and liability apportionment claims. Whether you’re just starting the process or facing an unfair decision from ICBC, Zachary can help you understand your rights and fight for the results you deserve. Reach out to Zachary Dallman for a free consultation; Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Driver’s Licence Prohibitions in British Columbia: What You Need to Know
Losing your driver’s licence can significantly impact your ability to work, care for your family, and manage day-to-day responsibilities. In British Columbia, prohibitions on driving privileges can be issued under the Motor Vehicle Act, most often due to driving infractions or accumulated penalty points.
If you’ve received a Notice of Intent to Prohibit or a Notice of Prohibition from ICBC or RoadSafetyBC, it is important to understand what these notices mean—and what steps you can take. In many cases, there are options available, but timing is critical.
Why Driver’s Licence Prohibitions Are Issued
Driver’s licence prohibitions are issued for various reasons, depending on your licence class and driving history. The most common reasons include:
Accumulating too many penalty points on your record within the designated period of time
Committing multiple dangerous driving offences in a short period
Receiving a single serious infraction as a new (N) or learner (L) driver
Failing to comply with graduated licensing conditions
In some cases, an immediate prohibition may be issued for high-risk driving behaviour.
How Prohibitions Affect New and Learner Drivers (L and N Licences)
New drivers in British Columbia are held to stricter standards. Prohibitions for L and N drivers can result from:
A single dangerous driving offence
A single 3-point offence, or two or more lesser offences
Any conduct that ICBC or RoadSafetyBC deems to indicate risky behaviour
Once a prohibition is issued, it resets your graduated licensing period. This means your “new driver” clock starts over, potentially delaying your path to a full licence; yes, you can ‘reset the clock’ more than once.
Fully Licensed Drivers Are Also at Risk
While Class 5 drivers are given more leeway, prohibitions can still be issued based on:
Two dangerous driving offences within a specific timeframe
Fifteen or more penalty points within a specific timeframe
A driving prohibition won’t send you back into the graduated licensing program, but it will be noted on your driving record and may affect future reviews if you end up prohibited again.
Step-by-Step: What Happens After a Notice of Intent to Prohibit
1. You Receive a Notice of Intent to Prohibit
This is a warning that ICBC or RoadSafetyBC intends to prohibit your licence. It is not yet in effect. The letter includes a date, and from that date you have 21 days to apply for a review. During this period, you may continue to drive legally.
Important: Review periods are strict. Many people receive the letter with only a few days remaining to respond. If you miss the deadline, your right to drive will soon be revoked.
2. Requesting a Review Within 21 Days
To request a review, you must:
Submit a written explanation of your need to drive
Include relevant supporting documents (e.g., employment, caregiving responsibilities)
Submit a $100 certified cheque or money order
Ensure your submission is received by RoadSafetyBC within the 21-day deadline
If done correctly, you may continue driving while your review is being processed.
What If You Miss the Deadline?
If the 21-day review period passes and no application is submitted, a Notice of Prohibition will be issued. At this stage:
Your driving privileges are about to be revoked
The review process is still available, but you cannot drive during the review
If caught driving, you may face charges for Driving While Prohibited
Even after the deadline, it is still worthwhile to request a review—but time is of the essence.
What to Expect After Submitting a Review
Most review decisions take 6 to 8 weeks, though delays are common. All applications are handled in the order received. While you wait:
If your review was submitted within the 21-day period, you may keep driving
If you submitted after the deadline, you must stop driving until a decision is made
If Your Review Is Successful
If the adjudicator agrees your circumstances justify continued driving:
The prohibition may be revoked, and
You may be placed on probation, where future infractions will result in immediate prohibition
If Your Review Is Unsuccessful
If the prohibition is upheld:
You will receive a formal Notice of Prohibition
You must sign and submit the acknowledgement form and surrender your licence before the prohibition period begins
If you continue to drive without complying, you may be charged with Driving While Prohibited, a serious offence with potential criminal penalties
Additional Important Notes
There are no work permits or conditional licences available for this type of prohibition
Any new traffic ticket issued after you qualified for prohibition may increase the length of the prohibition
Time spent avoiding the prohibition by not submitting the acknowledgement form does not count toward the prohibition period
When to Contact a Lawyer
If you’ve received a Notice of Intent to Prohibit or a Notice of Prohibition, you should contact a lawyer immediately—especially if you rely on your vehicle for work, school, care giving, or medical needs.
A lawyer can help you:
Understand your options
Draft and submit an effective review application
Collect and organize relevant evidence
Advocate on your behalf throughout the process
Early legal advice can make the difference between a successful review and losing your driving privileges for months.
Need Help Responding to a Driving Prohibition?
Zachary Dallman is an experienced lawyer based in British Columbia who assists clients facing driving prohibitions under the Motor Vehicle Act. If you’ve received a notice and are unsure what to do next, contact Zachary for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
Missed a Traffic Ticket Deadline in BC? Here’s What You Can Do
Getting a traffic ticket in British Columbia is frustrating—but what happens if you miss the deadline to dispute it? Or if you dispute the ticket, but don’t show up to your hearing?
Whether life got in the way, or you simply forgot, there may still be a way to fight your ticket, even after the deadline.
The 30-Day Rule: Disputing a Traffic Ticket
In BC, you have 30 days from the date your ticket is issued to dispute it. If you don’t act within that window:
You’re automatically found guilty of the offence(s) on the ticket.
The conviction goes on your driving record.
You may face additional consequences like driver penalty points, higher premiums, or even a driving prohibition.
If you miss the deadline, you’re not necessarily out of options.
Option 1: You Missed the 30-Day Dispute Deadline
If the 30-day window has passed and you didn’t dispute your ticket, you can apply to file a late dispute using a sworn affidavit. This affidavit is a legal document where you explain why you didn’t file on time and ask the court to allow your case to go forward.
The Court Will Consider:
Under Section 16 of the Offence Act, the Justice reviewing your affidavit will look at whether:
You missed the deadline through no fault of your own
You genuinely intended to dispute the ticket before the deadline
Allowing a late dispute would not cause undue prejudice to the Crown
You have an arguable defence to the ticket
It would be in the interests of justice to let the dispute proceed
For example, medical issues, family emergencies, or even sending in your dispute by mail that was never received could be valid reasons.
Simply forgetting, being too busy, or procrastinating likely won’t be enough without additional and relevant information.
Important Tips:
Attach evidence to support your claim (e.g., medical notes, proof of mailing, etc.)
Have your affidavit notarized or commissioned by a lawyer or at the courthouse
Never provide false or misleading information in your affidavit
Option 2: You Disputed the Ticket, But Missed Your Hearing
If you properly disputed your ticket but didn’t show up at your hearing (and didn’t send someone in your place), you’ll be treated as if you never disputed at all—and be found guilty.
The good news: you may still have a chance to fix this, depending on how much time has passed since the hearing.
If It’s Been Less Than 30 Days Since Your Missed Hearing:
You can apply to reopen your case by submitting an affidavit that shows:
You intended to appear at the hearing
You missed the hearing through no fault of your own
Fewer than 30 days have passed since the hearing date
This process is simpler and the court is more likely to consider your request.
If More Than 30 Days Have Passed:
The requirements are stricter—you’ll have to meet the same criteria as if you missed the original 30-day dispute deadline, as outlined first in this blog post.
Things to Watch Out For:
Paying the ticket within 30 days counts as an admission of guilt. Once you’ve paid, you likely can not go back and dispute it using a late dispute affidavit
On the affidavit form, there are two checkboxes depending on your situation (missed dispute vs. missed hearing). Be sure to select the correct one.
A conviction on your record can lead to Driver Risk Premiums, higher insurance costs, or driving prohibitions, especially if you already have other offences on your record.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about late dispute affidavits or need guidance on a legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
What to Do If You Get a Traffic Ticket in British Columbia — And When to Hire a Lawyer
Getting pulled over and receiving a traffic ticket can be stressful, frustrating, and expensive. In addition to fines, a conviction can lead to Driver Penalty Points, increased insurance costs, or even driving prohibitions if your record already includes other infractions.
If you’ve received a ticket, it’s important to act quickly and make informed decisions. In some cases, hiring a lawyer can significantly improve your chances of achieving a better outcome.
Step 1: Review the Ticket Carefully
After receiving a violation ticket, read it thoroughly. A traffic ticket in BC typically includes:
The alleged offence(s)
The fine amount
The due date to either pay or dispute the ticket (within 30 days of issuance)
Instructions for how to dispute
Note that paying the ticket is considered an admission of guilt and results in a conviction being registered against you. This could impact your driving record and lead to further consequences down the line.
Step 2: Decide Whether to Pay or Dispute the Ticket
You have two options:
1. Pay the Ticket
This is the simplest option, but it means you accept responsibility for the offence. A conviction will appear on your driving record and may lead to:
ICBC Driver Penalty Points
Driver Risk Premiums (which increase your annual insurance fees)
A possible driving prohibition if you accumulate too many points
2. Dispute the Ticket
If you believe the ticket was issued unfairly or you want to reduce the potential consequences, you may choose to dispute it. To do this, you must file a Notice of Dispute within 30 days of the ticket date.
You can submit the dispute:
In person at a courthouse (the recommended option)
By mail to the address on the ticket
In some jurisdictions, online (check with your local court registry)
Once your dispute is processed, you will receive a court date to appear before a Judicial Justice of the Peace.
When Should You Hire a Lawyer?
You are not legally required to hire a lawyer to dispute a traffic ticket, but in many situations, having legal representation can make a significant difference.
You should consider hiring a lawyer if:
The consequences go beyond a simple fine, such as points on your licence, possible licence suspension, or increased insurance premiums.
You already have prior offences on your driving record, which could lead to a driving prohibition or affect your ICBC status.
You are a professional driver, and your livelihood depends on maintaining a clean driving record.
You believe you were wrongly ticketed, and want to present a solid legal argument or cross-examine the issuing officer.
You missed the 30-day deadline to dispute, or you missed a hearing and need help filing a late affidavit to reopen the matter.
You are unsure how to navigate the court process, prepare evidence, or articulate your defence in front of a Justice.
A lawyer can also appear in court on your behalf, saving you time and helping to reduce the stress of the legal process.
In some cases, legal representation can result in a charge being dismissed or reduced, helping you avoid long-term costs or penalties that go beyond the initial fine.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about motor vehicle act offences, aka traffic tickets, or need guidance on a legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
I service the Lower Mainland, Vancouver Island, Northern British Columbia, Kootenays and Okanagan region when dealing with traffic matters.
Professional Wills in British Columbia: Secure Your Business and Client Interests
Safeguarding Your Professional Legacy: Why Every Practitioner Needs a Professional Will
Over the years, you've poured effort, time, and passion into building a thriving career. But have you taken steps to ensure your business is protected if you're suddenly unable to continue working—or worse, if you pass away unexpectedly? It’s not a comfortable topic, but preparing for the unexpected is part of being a responsible professional. That’s where a professional will becomes not only valuable but can be mandated by your profession.
A professional will is a specialized legal document that lays out the instructions for managing your practice in the event of your death. It plays a vital role in your overall estate planning by protecting your clients, your business, and your assets.
Why You Should Consider a Professional Will
1. Client Care and Continuity
Your clients rely on you—and if you’re no longer able to serve them, a professional will ensures they aren’t left in the dark. It clearly states who should take over your responsibilities and outlines how your clients will be informed and supported. This preserves trust and maintains the professional standards clients expect.
2. Business Continuity
For many professionals, their practice represents a major financial and personal investment. Without a plan in place, the business may face disruption or be tied up in legal proceedings. A professional will helps avoid such complications by designating a successor and facilitating a transition of operations set out by the professional in advance.
3. Asset Protection
You've worked hard to grow your business. A professional will helps shield your assets from unnecessary risk by ensuring they’re passed on according to your wishes. Without it, decisions could be made by default through probate or other legal mechanisms that don’t reflect your intentions.
4. Choosing the Right Person
You know your work and your clients best—so you should decide who steps in if you can’t continue. With a professional will, you choose a trusted colleague or professional who aligns with your approach and values, ensuring your clients and your business are in capable hands.
5. Mental Clarity and Reassurance
Having a professional will brings peace of mind. Instead of worrying about future uncertainties, you can focus on serving your clients today, knowing your business is protected tomorrow.
6. Professional Requirements
In some fields, creating a professional will isn't just a smart move—it’s required. For instance, the Association of Cooperative Counselling Therapists of Canada (ACCT), which oversees Registered Therapeutic Counsellors (RTC), Accredited Counsellors (AC), Master Therapeutic Counsellors (MTC), and Registered Counselling Supervisors (RCS), mandates a professional will under its Standards of Practice, section 2.16 and 3.4. Unexpected events like sudden illness, leave, or retirement can happen at any time, and having a will in place may be part of meeting your ethical and legal responsibilities as a professional.
Don’t Leave Your Legacy to Chance
A professional will isn’t just about paperwork—it’s about protecting the people who depend on you, the business you've worked so hard to build, and the reputation you’ve established. In some cases, not having one may result in consequences based on your profession.
Although it’s never easy to think about worst-case scenarios, planning ahead means you can continue doing what you do best with confidence—knowing your practice is secured.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about professional wills or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Booking, or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.
Essential Estate Planning Guide for British Columbia Residents
Estate planning is a critical process that ensures your wishes regarding your assets, health care, and the care of loved ones are honoured. This guide provides a comprehensive overview of vital estate planning elements under British Columbia law, including designated beneficiaries, wills (including corporate wills), testamentary trusts for minors, testamentary disability trusts, powers of attorney, and representation agreements.
1. Designated Beneficiaries
Definition
Designated beneficiaries are individuals or entities you choose to receive specific assets upon your passing, such as life insurance proceeds or retirement accounts.
Significance
Avoiding Probate: Assets with designated beneficiaries usually bypass the probate process, facilitating a quicker transfer.
Clear Intentions: Clearly identifying beneficiaries can minimize disputes among heirs.
Tax Benefits: Proper designations can help mitigate estate taxes by allowing direct transfers.
Recommendations
Regularly review and update your beneficiary designations, especially after significant life events.
Be mindful of what happens if a designated beneficiary predeceases you; consider naming alternate beneficiaries.
2. Wills
A will is a legally binding document that specifies how your assets should be distributed after your death. It typically includes:
Distribution of Assets: Directions on how your property and possessions should be allocated.
Executor Appointment: Designation of a trusted person to carry out your wishes and manage your estate.
Guardianship for Minors: Provisions for who will care for any minor children.
Importance
Legal Clarity: A well-drafted will reduces ambiguity and potential conflicts among heirs.
Executor Responsibilities: Ensures your estate is administered in accordance with your wishes.
Child Care Planning: Provides security for your children by naming suitable guardians.
Considerations
Your will must meet specific legal requirements in BC to be valid, including signatures and witnesses.
Update your will regularly to reflect changes in your circumstances, such as marriage, divorce, or the birth of children.
Store your will in a secure location and inform your executor of its whereabouts.
2A. Testamentary Trusts for Minors
A testamentary trust is established through your will and takes effect upon your death. It is often used to manage and protect assets for minor beneficiaries until they reach a certain age.
Benefits
Asset Protection: Safeguards funds for minors until they are mature enough to manage them responsibly.
Financial Support: Ensures that the trust funds can be used for the minors' education, health, and other needs.
Control Over Distribution: Allows you to set conditions on how and when the assets are distributed.
Recommendations
Select a trustworthy and competent trustee to manage the trust assets.
Clearly outline the terms, including any specific uses for the funds and distribution timelines.
Periodically review the trust to ensure it aligns with your current wishes and circumstances.
2B. Testamentary Disability Trusts
A testamentary disability trust is designed to provide financial support for a beneficiary with a disability after your death. This trust is structured to ensure that the beneficiary retains eligibility for government benefits.
Importance
Benefit Preservation: Protects the beneficiary’s eligibility for government assistance while providing additional financial support.
Managed Support: Ensures that funds are used effectively to meet the beneficiary’s unique needs.
Tailored Distribution: You can specify how and when the funds are to be disbursed, allowing for flexibility based on the beneficiary's requirements.
Considerations
Consult with a legal professional to ensure the trust is compliant with relevant laws.
Define the types of expenses that the trust can cover to ensure clarity.
Choose a trustee who is knowledgeable about the needs of individuals with disabilities.
3. Corporate Wills
A corporation will addresses the distribution of assets and interests related to a business after the death of an owner or shareholder.
Significance
Continuity of Operations: Facilitates a smooth transition of business management and ownership, minimizing disruptions.
Clear Ownership Transfer: Provides specific instructions on how business interests should be handled.
Protection of Value: Helps preserve the business's value by ensuring it is managed according to your wishes.
Recommendations
Collaborate with legal experts in corporate law to draft an effective corporate will.
Regularly review the will to accommodate any changes in the business structure.
Inform all stakeholders about the provisions of the corporate will.
4. Power of Attorney
A power of attorney is a legal document that allows you to appoint someone to make financial decisions on your behalf if you become unable to do so.
Importance
Seamless Financial Management: Ensures your affairs are handled without interruption.
Avoids Court Intervention: Eliminates the need for court-appointed guardianship.
Customizable Authority: You can define the scope and duration of the authority granted.
Recommendations
Choose someone reliable and knowledgeable about your financial matters.
Clearly discuss your wishes with your appointed attorney.
Remember that you can revoke the power of attorney as long as you are mentally competent.
5. Representation Agreement
Overview
A representation agreement allows you to appoint someone to make health care and personal care decisions on your behalf if you are unable to do so.
Importance
Health Care Advocacy: Ensures that someone you trust can make important health care decisions aligned with your values and preferences.
Guidelines for Care: You can provide specific instructions regarding your care and treatment.
Legal Recognition: Valid under BC law, ensuring that healthcare providers adhere to your wishes.
Considerations
Choose an individual who understands your health care preferences.
Regularly review and update the agreement to reflect any changes in your circumstances or wishes.
Ensure compliance with the legal requirements in BC to maintain the agreement's validity.
6. Advance Directives
In British Columbia, an advance directive is a legal document that allows individuals to state their health care preferences in case they become incapable of making decisions.
Key Points:
It allows adults to give or refuse consent for specific medical treatments in advance.
Health care providers must follow the directive if it’s clear and applicable.
It differs from a representation agreement, as it does not appoint a decision-maker.
Considerations:
An advance directive must be in writing, signed, and properly witnessed. It’s important to be specific and ensure the instructions reflect your current values and medical preferences.
Comprehensive estate planning allows you to take control of your future and protect your loved ones. By designating beneficiaries, creating wills (including corporate wills and testamentary trusts), appointing a power of attorney, and executing representation agreements and testamentary disability trusts, you can ensure your wishes are honoured. Consulting a legal professional experienced in BC estate law is advisable to customize these documents to your specific needs.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about estate planning or need guidance on a legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.