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Common questions

Answers, in plain English.

Everything people usually ask us about real estate, Wills, Powers of Attorney, Representation Agreements, and notarizations. If your question isn't here, call either office and ask; that's what we're for.

General

General questions

A Notary Public in British Columbia is a legal professional empowered to provide a range of non-contentious legal services. Notaries are trained, commissioned by the Supreme Court of BC, and regulated by the Society of Notaries Public of BC.

Our core services are real estate conveyancing (buying, selling, refinancing), Wills and estate planning (including Powers of Attorney and Representation Agreements), and notarizations (affidavits, statutory declarations, travel consent letters, certified true copies). Notaries focus on preventative law: making sure documents are done right to avoid disputes later.

Both are legal professionals. BC notaries specialize in real estate, wills and estate planning, notarizations, and non-contentious contracts; we do not handle court cases, litigation, or legal disputes. Lawyers cover the full range, including court representation, and only lawyers can probate an estate or litigate contested matters.

Notaries often charge fixed fees and can be more cost-effective for routine transactions. Use a notary for standard real estate closings, Wills, POAs, and notarizations; use a lawyer for disputes, complex family or corporate situations, or court matters. We'll tell you honestly which you need.

Affidavits of execution, notarized translator's affidavits, business document witnessing, statutory declarations for common-law status (CRA, immigration), travel and consent letters, name change affidavits, declarations of lost documents, and proof of identity or signature statements for foreign agencies or banks.

If a document needs a notary's seal and falls within a notary's scope of practice, we almost certainly handle it. If you're not sure, just ask.

As notaries we can't file probate applications in court; that work belongs to lawyers. What we can do: explain the steps executors need to take, help determine whether probate is necessary, notarize the affidavits executors must swear, prepare transfer documents within a notary's scope (like a transmission application for joint tenancy property), and refer you to an estate lawyer we trust when one is needed.

We have offices in Chilliwack and Abbotsford, with service in Hope by appointment, and we regularly work with clients from Sardis, Agassiz, Mission, Aldergrove, and across the Fraser Valley. For real estate, we can handle property anywhere in BC as long as you can visit an office or we arrange a courtesy signing near you.

Since 1968. The firm was founded by Bob Simpson as R.W. Simpson Notary Public, later became Simpson and Simpson, and has served Fraser Valley families across three generations of notaries and clients.

Call Chilliwack at (604) 824-5500 or Abbotsford at (604) 855-7228, or send us a message through the contact page. For Wills, estate planning, and real estate signings, please book ahead so we can prepare your documents. For quick notarizations, walk-ins are welcome when a notary is available.

Real Estate

Real estate & conveyancing

Conveyancing is the legal process of transferring property from one person to another. It covers preparing and registering documents at the Land Title Office, handling the transfer of funds, and making sure conditions like mortgages or liens are properly addressed. The notary acts as a facilitator between buyer, seller, banks, and the Land Title Office so both parties are protected.

Yes, one or the other. In BC, both can provide the same conveyancing services with equal legal authority. The Land Title system has specific requirements, and navigating a transfer without legal assistance would be extremely difficult and risky.

For standard residential purchases, sales, and refinances, a notary provides the same service, often at a lower flat fee. If your transaction involves a business sale, complex legal issues, or a likely dispute, a lawyer is the better fit, and we'll tell you so.

Standard residential purchases and sales typically run 4 to 12 weeks from firm agreement to completion, with the most intensive work in the final one to two weeks. Simple refinances often finish in 2 to 4 weeks. Contact us as soon as your agreement goes firm, ideally a few weeks before completion.

A title search is a document from the BC Land Title Office showing the current registered ownership of a property and any charges against it: mortgages, liens, easements, covenants, building schemes, and strata bylaws. It reveals what a buyer is actually purchasing, verifies the seller's right to sell, and lets us spot issues that need to be addressed before closing so the buyer receives clear title.

They're the two ways multiple owners can hold title in BC. In joint tenancy, all owners hold an equal undivided interest with right of survivorship: when one owner dies, their interest passes automatically to the surviving owner(s), outside any Will. It's the common choice for spouses.

As tenants in common, each owner holds a specific share, equal or unequal, with no survivorship: a deceased owner's share forms part of their estate. It's often used for business partners, siblings, or unequal contributions. The choice has significant estate planning implications, and we'll walk you through it.

Completion is the day ownership legally transfers and money changes hands. Possession is when you get the keys, often noon the next day. The Adjustment date is when financial responsibility for taxes and utilities shifts to the buyer. All three are set in your Contract of Purchase and Sale.

A provincial tax paid by the buyer on completion, calculated on the property's fair market value. Exemptions exist for eligible first-time buyers, newly built homes, and certain family transfers. We calculate your exact amount, confirm any exemption you qualify for, and collect and remit it as part of closing. You can estimate yours with our Property Transfer Tax calculator.

Usually only on new construction or substantially renovated homes (5%), and on commercial property. Residential resale homes carry no GST. Partial rebates are available for some new homes used as a principal residence. We'll confirm what applies to your transaction.

The seller, in nearly all BC residential deals, as agreed in the listing contract. On completion we pay both agents' commissions out of the sale proceeds on the seller's behalf, so there's nothing to pay separately on closing day. Buyers generally pay no commission directly.

Buyers: legal fees and disbursements, Property Transfer Tax (unless exempt), GST on new construction, adjustments reimbursing the seller for prepaid taxes and utilities, plus practical costs like insurance and moving. Sellers: legal fees, real estate commission, any mortgage payout penalty, and their share of unpaid taxes or utilities.

Buyers receive their exact bring-in amount from us before completion; sellers see every deduction in a clear final accounting. Our Closing Costs calculator gives you a planning estimate.

Yes. We register the new mortgage, discharge the old one, and handle payouts securely, coordinating directly with your lender. No Property Transfer Tax applies and no realtors are involved, so costs are typically limited to legal fees and registration. Contact us once your lender has approved and is ready to instruct a notary.

The most common approach is a courtesy signing: we prepare everything, courier the documents to a notary or lawyer near you who verifies your ID and witnesses your signatures, and we coordinate the rest. Alternatively, a specific Power of Attorney can be set up in advance to let someone sign for you, though many lenders require pre-approval for that.

Note that land title documents must be signed with in-person witnessing by a notary or lawyer; video signing alone is not sufficient for property transfers. Tell us early so we can make arrangements.

The costs of legally transferring property: our professional fee, disbursements (Land Title registration, title searches, tax certificates, filing costs), and government charges. We charge flat rates for standard conveyancing, quoted upfront when you engage us, with each component itemized so you can see where every dollar goes.

Wills & Estates

Wills & estate planning

A Will is a legal document that sets out your wishes for the distribution of your estate and the care of any dependents after you pass away: who receives your assets, who manages the process (your executor), guardianship for children under 19, and any specific gifts. A properly prepared Will looks at your estate planning as a whole, not just the document.

BC's intestacy rules divide your estate among your nearest relatives by a fixed formula, a court must appoint an administrator, and the process takes longer and costs more. If nobody applies to administer the estate, the Public Guardian and Trustee steps in. A Will gives you control; not having one creates uncertainty and potential conflict for your family.

Anyone 19 or older with the mental capacity to understand what they're doing. Members of the Canadian military can make a Will from age 16.

Legally, yes, if it's properly signed and witnessed. The risk isn't the writing, it's what you don't know: witnessing rules that can void gifts, family members with legal claims, assets that pass outside a Will entirely. A professionally prepared Will costs a known flat fee and removes the guesswork.

Under the Wills, Estates and Succession Act: it must be in writing and signed at the end in the presence of two adult witnesses, both present at the same time, who then sign in your presence. Witnesses cannot be beneficiaries, or spouses of beneficiaries, or otherwise conflicted. We handle the formalities so nothing is missed.

Probate is the court process that confirms a Will is the true last Will of the person who died, giving the executor legal authority to distribute the estate. Estates valued under $25,000 generally don't require it, though financial institutions sometimes ask for it anyway. As notaries we don't file probate applications, but we help you plan so your estate is as simple as possible, and we refer you to an estate lawyer when one is needed.

Common strategies include holding assets in joint tenancy with right of survivorship, naming designated beneficiaries on life insurance, RRSPs, and similar accounts, and in some circumstances using multiple Wills. Each has tradeoffs and tax implications, so it's worth a conversation with us alongside your financial planner or accountant. You can estimate fees with our Probate Fees calculator.

You can change your Will any time while capable. Review it every couple of years, and update it after divorce or separation, changes in executors or beneficiaries, significant changes in assets, or a move from another province. Small changes can sometimes be made by codicil, but for substantial changes a new Will is usually better.

Somewhere fireproof that your executor can access: a home safe or a safety deposit box. Tell your executor where it is. We register your Will with the BC Wills Registry, which records that it exists and where it's kept, so it can be found when the time comes.

BC law allows it but also allows spouses and children to challenge a Will they've been left out of. If this is part of your situation, thorough documentation of your reasons matters a great deal, and we'll talk honestly about where a lawyer's advice is worth adding.

It may be valid, but BC law has its own rules, and a BC Will removes the doubt. If you've moved here, have your existing Will reviewed and consider a new one that complies with BC legislation, especially if you hold assets in more than one province.

Yes. Common grounds include lack of capacity, undue influence, inadequate provision for dependents, or technical execution problems. Clear drafting, proper witnessing, and documented reasoning are the best protections, and they're exactly what a professionally prepared Will provides.

BC law addresses digital assets, and professionally prepared Wills now include clauses giving your executor authority over them: social media accounts, photos, domain names, online content, and online investment platforms. We include this as part of drafting your Will.

The executor manages your estate: funeral arrangements, death certificates and notifications, securing assets, probate if required, paying debts, filing the final tax return, and distributing assets to beneficiaries. It typically takes about a year and involves real work, so choose someone organized, good with paperwork, and completely trustworthy.

Trust and stability, shared values and parenting style, practical factors like age, health, and location, and whether they're willing; have that conversation before naming them. Also consider how the guardians will be supported financially, which may mean a trust. It's one of the most important decisions in a Will, and we take the time it deserves.

Powers of Attorney

Powers of Attorney

A legal document that gives someone you trust, called your attorney (they don't have to be a lawyer), authority to act for you in financial and legal matters: banking, bills, investments, taxes, even signing real estate documents. It covers finances only; health and personal care decisions need a Representation Agreement.

A POA that remains valid even if you become mentally incapable, which is exactly when most people need it. A general POA ends the moment capacity is lost. Most people in BC make their POA enduring so a spouse or adult child can keep managing accounts through an illness, accident, or diagnosis like dementia, without court involvement.

They can do almost anything you could do with your finances: manage bank accounts, pay bills, handle investments, deal with the CRA, and sign property documents. They cannot make or change your Will, make health care or personal decisions, vote for you, or use your assets for their own benefit. You can also add specific limits in the document.

Your choice: effective immediately, or "springing," meaning it activates only if a doctor declares you incapable. Both approaches have tradeoffs, and we'll explain them. It lasts until you revoke it, a written end date passes, or you die, at which point your executor takes over under your Will.

Any time while you're mentally capable: a written notice of revocation delivered to your attorney and to any institutions relying on the document, and ideally retrieving the original copies. An attorney's authority also ends if they die, lose capacity, go bankrupt, or, if they're your spouse, the relationship ends. We handle the revocation process too.

Someone trustworthy, financially sensible, and available: commonly a spouse, adult child, or sibling. Talk with them first to make sure they're willing. We'll talk through the family dynamics honestly, because the right structure on paper is the one that works in practice.

Yes. Multiple attorneys can act jointly (together on everything), severally (independently), or in succession, with alternates who step in only if your first choice can't act. You can even assign different areas to different people. Joint appointments build in oversight but require agreement; we'll help you pick the structure that fits.

Anyone under 19, generally anyone who is paid to provide you with personal or health care, and employees or operators of a care facility you live in, unless they're close family. Someone who is bankrupt can't act for property matters. Beyond that, the real test is trust.

Nobody has automatic authority to manage your affairs, not even your spouse. A family member would need to apply to the BC Supreme Court to be appointed your committee, a process requiring medical evidence that commonly takes six months to a year and typically costs thousands of dollars from your estate. A properly prepared Enduring POA is a fraction of that, done in an afternoon.

Enduring (continues through incapacity, the most common choice), general (ends on incapacity), specific (limited to a particular transaction or timeframe, like one property sale), and limited (restricted to certain powers). We'll help you pick the type that fits your situation.

Yes. Attorneys must act in your best interests and keep clear records, and they can be required to provide an accounting to you, to co-attorneys, or to close family members. Appointing joint attorneys adds built-in oversight. These protections are part of BC law, not optional extras.

To be valid it must be signed and properly witnessed: by two adult witnesses who aren't the attorney or related to them, or by one lawyer or notary public, who counts as a single witness. We take care of the witnessing formalities and can prepare certified copies for banks and institutions.

Representation Agreements

Representation Agreements

A legal document appointing one or more people, your representatives, to make health care and personal care decisions for you if you become unable to make or communicate them yourself: medical treatments, care facilities, day-to-day welfare. It's the health-care counterpart to a Power of Attorney.

A simple way to remember: Power of Attorney is for your property and finances. A Representation Agreement is for you: health and personal care. In BC you typically need both for complete incapacity planning; medical staff cannot take instructions from a financial POA.

A Standard (Section 7) agreement is designed for adults who already have diminished capacity, such as early-stage dementia, but can still express that they want help and trust a specific person. The capacity threshold is intentionally low. It covers most personal and health care decisions plus routine finances, but cannot authorize refusing life support.

An Enhanced (Section 9) agreement is for adults with full capacity planning ahead. It grants the widest authority, including end-of-life decisions like giving or refusing consent to life support. It's the version most people choose when planning alongside a Will and POA.

Yes, if you want your health care covered. Without a Representation Agreement, medical staff turn to a temporary substitute decision-maker under a legal default list, someone who may not know your wishes and whose authority is limited in scope and time. With one, the person speaking for you is the person you chose.

An Advance Directive is written instructions to health care providers ("I refuse X treatment"). A Representation Agreement is a person with authority to decide in the moment. Directives are rigid; people are adaptable. Many clients use both: a representative for flexibility, a directive for specific wishes they feel strongly about. If you have both, providers follow the directive where it applies and consult your representative for everything else.

Only an Enhanced (Section 9) agreement can include authority over life support and end-of-life care; a Standard (Section 7) agreement cannot. One honest limit: no document can pre-authorize Medical Assistance in Dying. That decision can only ever be made by the person themselves, with capacity.

Someone who knows your values, can stay calm and assertive with medical staff, and is reachable in an emergency. Talk with them about what matters to you: quality of life, life support, where you'd want to live if care were needed. The document gives them authority; the conversations give them confidence. You can name alternates.

You must be 19 or older. Signing is witnessed by two eligible witnesses or by one lawyer or notary, and your representative signs too, though not necessarily the same day. We draft the agreement to reflect the powers you want, handle the witnessing, and explain the duties to your representative. Most clients prepare it in the same visit as their Will and POA.

You make your own decisions again, immediately. The agreement stays in place quietly in case it's ever needed after that, unless you revoke it. This continuity matters if capacity fluctuates.

Notarizations

Notarizations & certified copies

A Notary Public verifies or witnesses something about the document and affixes their seal and signature to certify it. The two most common forms: witnessing your signature (often under oath, for affidavits and statutory declarations) and certifying a copy as a true copy of an original. Notarization assures the recipient the document is authentic.

Affidavits for court and legal matters, statutory declarations (including common-law status declarations for CRA and immigration), travel consent letters for children, invitation letters for visitor visas, proof of loss forms for insurance, pension life certificates, and certified true copies of passports, diplomas, and other important documents.

The document, unsigned (you sign in front of us), with every blank filled in except the signature. Plus at least one piece of valid, unexpired government photo ID: driver's licence, passport, BCID, or BC Services Card. SIN cards, credit cards, and work IDs don't qualify. You must also understand what you're signing; complex or foreign-language documents may need a translation.

You bring the original document to us. We make the copy, compare it against the original, and certify it with a signed statement and seal. One rule we can't bend: we must see the original. A photocopy of a photocopy, or a document printed at home, can't be certified as a true copy.

Not as a certified true copy, since there's no physical original. But we can often notarize your sworn declaration that the printout is genuine and unaltered, which many institutions accept. Check what the recipient requires, or ask us.

Documents headed abroad usually need an extra layer of certification confirming the notary's authority to foreign officials, and some countries require further legalization at their consulate. We notarize your document correctly for international use, guide you through the certification step for your destination country, and can submit documents on your behalf where possible. The process can take weeks, so start early.

Yes: documents we suspect are fraudulent, documents with blanks still in them, copies without seeing originals, documents a signer doesn't understand or seems pressured to sign, separation agreements needing independent legal advice, and matters outside a notary's scope. Those rules aren't red tape; they're the reason a Simpson seal means something.

A standard document or certified copy typically takes 5 to 10 minutes. Walk-ins are welcome when a notary is available, and an appointment guarantees no waiting; it's the better choice if you have multiple documents or something unusual. If you're walking in, arrive at least 20 minutes before closing.

A flat fee per document, quoted when you call, with discounts when you have several notarized in one visit. Payment by cash, debit, or credit at time of service, and you leave with the completed document.

Still have a question?

Send us a message or call either office. If it's within a notary's scope, we'll answer it; if it isn't, we'll point you to someone we trust.