General
Why do I need ID?
As part of our due diligence requirements, Wilson Marshall Law Corporation requires clients to provide valid identification when engaging in legal services. The primary reasons for this are:
- Compliance with the Law Society of British Columbia: Lawyers are subject to strict regulations and guidelines, including anti-money laundering laws and regulations, which require us to verify the identity of our clients before providing legal services.
- Protecting against fraud and identity theft: By verifying the identity of our clients, we can help protect against fraud and identity theft, ensuring that we are engaging with the correct individuals and minimizing the risk of fraudulent activity.
- Protecting our clients’ interests: By ensuring that we have accurate information about our clients, we can provide better and more effective legal advice that is tailored to their specific needs and circumstances.
At Wilson Marshall Law Corporation, we take our due diligence responsibilities seriously and strive to protect the interests of our clients at all times. If you have any questions or concerns about our identification requirements, please feel free to contact us for further information.
Why choose us?
Wilson Marshall has served Greater Victoria since 1977. Led by Clare Marshall, our practice brings together wills and estate planning, probate and estate administration, corporate and commercial law, and health and elder advocacy.
We focus on practical advice, careful planning and lasting relationships. We also offer professional executor and trustee services where suitable, and act on cash purchases and sales of real estate. We discuss your needs and confirm the scope of our work before proceeding.
Where are you located?
Our office is at 104-5118 Cordova Bay Road, Victoria, BC V8Y 2K5, in Cordova Bay. We serve clients throughout Greater Victoria and assist executors and families elsewhere in British Columbia with probate and estate administration by phone or video.
Please contact us to arrange an appointment or discuss accessibility needs before your visit. You can reach our office at 250.385.8741.
Do you do litigation?
Our practice focuses on planning, transactions, estate administration and advocacy. We do not conduct litigation. Where a matter requires court proceedings, we can help identify appropriate litigation counsel and coordinate with them within the scope of our engagement.
Wills and Estates
Should I get a will?
A will lets you name an executor and set out how you want your estate distributed. It can also provide for trusts and address guardianship planning for minor children. Your plan should reflect your family circumstances, assets and obligations.
A will is one part of an estate plan. We also consider powers of attorney, representation agreements, property ownership and beneficiary designations, so the documents and arrangements work together.
How do I get a grant of administration in BC when someone dies without a will?
When someone dies without a valid will, their estate is generally distributed under British Columbia’s intestacy rules in the Wills, Estates and Succession Act. The result depends on their family circumstances and may differ from what they would have chosen.
A person must apply to the Supreme Court of British Columbia for a grant of administration to obtain authority to administer the estate. We help identify who may apply, prepare the grant of administration application and assist with estate administration. In suitable circumstances, Clare Marshall may also accept an appointment to act as administrator, at her discretion and subject to our agreement.
What is included in my estate?
Your estate generally includes assets and interests that pass to your personal representative on death. These may include real estate, bank accounts, investments, company shares, personal belongings and other property.
Some assets may pass outside the estate because of joint ownership, a trust or a valid beneficiary designation. The result depends on the ownership arrangements, documents and circumstances; joint names alone do not resolve every question. We review these arrangements as part of coordinated estate planning or administration.
What is “probate”?
Probate in British Columbia is the court process that confirms a will and the executor’s authority through a grant of probate. It is one step in the broader work of settling an estate.
Whether a grant is needed depends on the assets and the requirements of the institutions holding them. Where there is no will, or no executor able and willing to act, a grant of administration may be required instead.
Wilson Marshall assists executors and families across British Columbia with probate applications and estate administration. We can help gather asset information, communicate with beneficiaries and institutions, coordinate with tax advisors and prepare for distribution. Learn about our probate and estate administration services or contact us to discuss your situation.
What are the legal requirements for appointing an executor or trustee?
Choosing an executor or trustee involves both legal eligibility and practical suitability. Consider the person’s willingness, capacity, reliability, availability, location and ability to manage financial records and communicate with beneficiaries. The appropriate appointment depends on your will or trust and the circumstances.
Discuss the role with your proposed appointee and consider an alternate. A professional appointment may be worth considering where family members cannot act, the estate is complex, or continuity and independent administration are priorities. We can review the proposed appointment and its terms with you.
Can Clare Marshall act as executor, administrator or trustee?
Clare Marshall considers professional executor, administrator and trustee appointments at her discretion. In suitable circumstances, she may accept an appointment to act, subject to discussion of the responsibilities and our agreement. We discuss the proposed scope, continuity arrangements and compensation before an appointment is finalized.
This service is different from retaining our firm to advise a family member or another person who remains the executor or trustee. We can discuss which arrangement best fits your needs.
Can you help me if I am already an executor?
Yes. We can help with a probate or administration application, particular administration tasks, or a broader range of legal and practical support. We agree on the scope of our involvement with you.
For an initial discussion, gather the will and any codicils, the death certificate if available, an outline of the assets and debts, and any important deadlines or correspondence. Do not worry if the information is incomplete; we can help identify what is needed.
Corporate and Commercial
Corporate Law
Should I incorporate?
Deciding whether to incorporate depends on your specific situation and goals. Incorporating offers several benefits, including limited liability protection, potential tax advantages, and enhanced credibility. Limited liability can protect your personal assets from business debts or liabilities, while certain tax benefits may arise from a lower corporate tax rate and income splitting opportunities. Incorporation can also give your business a professional image, attracting customers and investors.
However, incorporating also comes with increased administrative work, costs, and regulatory requirements. It’s essential to weigh the advantages and drawbacks based on your unique circumstances. Consulting with a legal professional at Wilson Marshall Law Corporation, as well as an accountant, will help you determine if incorporating is the right choice for your business, taking into account your objectives, financial situation, and future plans.
What is corporate law, and why is it important for businesses?
Corporate law is a legal field that focuses on the formation, governance, and regulation of corporations, as well as the relationships between shareholders, directors, and other stakeholders within a corporation. It encompasses a wide range of topics, such as incorporation, mergers and acquisitions, securities, corporate finance, and corporate governance.
Corporate law is important for businesses for several reasons. First, it provides a legal framework for creating and operating a corporation, ensuring compliance with regulations, and protecting the rights and interests of stakeholders. It also helps businesses maintain good corporate governance, which is essential for long-term growth, stability, and credibility in the eyes of investors, customers, and the public. Moreover, corporate law helps businesses navigate complex transactions, such as mergers, acquisitions, and capital raising, ensuring that these activities are conducted legally and efficiently.
Understanding and adhering to corporate law is crucial for businesses to minimize legal risks, protect their assets, and maximize opportunities for growth and success. Working with experienced legal professionals, such as the team at Wilson Marshall Law Corporation, can help businesses navigate the complexities of corporate law and maintain compliance with the applicable regulations.
How can a business lawyer assist my company in complying with corporate regulations?
A business lawyer plays a vital role in helping your company comply with corporate regulations by providing expert legal guidance and support in various areas. Some ways a business lawyer can assist your company include:
- Advising on corporate structure: A business lawyer can help you determine the most suitable corporate structure for your company, taking into account legal requirements, tax implications, and potential liabilities.
- Drafting and reviewing documents: Business lawyers prepare and review essential corporate documents, such as articles of incorporation, shareholder agreements, and contracts, ensuring they are in compliance with applicable laws and regulations.
- Corporate governance: A business lawyer can assist in establishing and maintaining proper corporate governance practices, such as board meetings, shareholder meetings, and record-keeping, to ensure compliance with legal requirements.
- Regulatory compliance: Business lawyers stay up-to-date on the ever-changing laws and regulations governing corporations, helping your company navigate compliance with industry-specific regulations.
- Mergers, acquisitions, and financing: A business lawyer can guide your company through complex transactions, such as mergers, acquisitions, and capital raising, ensuring they are conducted legally and in compliance with relevant regulations.
- Risk management: Business lawyers identify potential legal risks and provide advice on strategies to mitigate those risks, safeguarding your company’s interests and assets.
By partnering with a skilled business lawyer like those at Wilson Marshall Law Corporation, your company can more effectively navigate the complexities of corporate law, maintain regulatory compliance, and focus on growth and success.
How can a business lawyer help me in negotiating and drafting contracts with suppliers and clients?
A business lawyer can significantly assist you in negotiating and drafting contracts with suppliers and clients by:
- Identifying key terms: Lawyers help pinpoint essential terms, such as payment schedules, dispute resolution, and termination clauses, ensuring your interests are protected.
- Customizing contracts: They draft tailored contracts that address your unique business needs and goals, minimizing potential misunderstandings or disputes.
- Negotiation support: Lawyers provide guidance during negotiations, ensuring that your position is well-represented, and any potential risks are addressed.
- Legal compliance: They ensure that contracts comply with applicable laws and regulations, mitigating potential legal issues.
- Reviewing contracts: A business lawyer can review contracts proposed by other parties, identifying potential red flags or unfavorable terms.
By working with a business lawyer like those at Wilson Marshall Law Corporation, you can secure well-drafted contracts that protect your interests, minimize risks, and foster strong business relationships.
What are the steps involved in incorporating a company, and how can I protect myself and my business during the process?
Incorporating a company involves several steps, and taking appropriate measures can protect you and your business:
- Choose a company name: Select a unique and suitable name, ensuring it complies with local regulations and doesn’t infringe on existing trademarks.
- Prepare incorporation documents: Draft articles of incorporation, outlining your company’s structure, share classes, and other key details.
- File with the appropriate authority: Submit the required documents to the appropriate government agency, along with any necessary fees.
- Create bylaws and shareholder agreements: Draft corporate bylaws and shareholder agreements to govern company operations and relationships among shareholders.
- Obtain licenses and permits: Acquire any necessary licenses or permits specific to your industry or location.
- Set up a record-keeping system: Establish a system for maintaining corporate records, including meeting minutes, financial statements, and legal documents.
To protect yourself and your business, consult with an experienced business lawyer, like those at Wilson Marshall Law Corporation. They can guide you through the incorporation process, ensuring compliance with regulations, and help establish a solid foundation for your company.
Commercial Law
What should I include in my contracts with suppliers and clients to ensure that the terms are fair and legally enforceable?
To ensure that contracts with suppliers and clients are fair and legally enforceable, it’s essential to include specific key elements:
- Clear identification of parties: Clearly state the names and contact information of all parties involved.
- Scope of work or services: Precisely outline the goods or services being provided, including specifications, quantities, and delivery timelines.
- Payment terms: Specify the payment amounts, schedules, and methods, along with any late fees or penalties.
- Confidentiality clauses: Include provisions to protect sensitive information shared between parties.
- Dispute resolution: Outline the preferred method for resolving disputes, such as mediation, arbitration, or litigation, and the governing law and jurisdiction.
- Termination clauses: Specify the conditions under which the contract can be terminated, along with any notice requirements or penalties.
- Warranties and representations: Clearly state any warranties or representations made by each party.
- Force majeure: Include a clause addressing unforeseen events or circumstances beyond a party’s control that may affect contract performance.
- Signatures: Ensure all parties sign and date the contract.
To help ensure that your contracts address your needs and applicable legal requirements, it’s recommended to consult with a business lawyer like those at Wilson Marshall Law Corporation. They can help draft and review contracts, ensuring they are legally sound and protect your interests.
What legal obligations do I have as a director of a company, and how can I fulfill my duties and responsibilities effectively?
As a director of a company, you have several legal obligations, often referred to as fiduciary duties. To fulfill these duties effectively, keep the following in mind:
- Duty of care: Act diligently and carefully in managing the company’s affairs. Stay informed about company operations, attend board meetings, and make well-informed decisions.
- Duty of loyalty: Prioritize the company’s interests above personal interests. Avoid conflicts of interest and disclose any potential conflicts to the board.
- Duty to act in good faith: Make decisions in the best interests of the company, considering the welfare of shareholders, employees, and other stakeholders.
- Duty to act within your authority: Ensure that your actions are within the scope of the company’s governing documents and comply with applicable laws and regulations.
- Compliance with laws and regulations: Stay informed about relevant laws and regulations and ensure the company adheres to them, including tax, employment, and industry-specific rules.
- Protect company assets: Safeguard company assets, including intellectual property, and use them responsibly to further the company’s objectives.
- Maintain proper records: Ensure the company maintains accurate financial records, minutes of meetings, and other essential documents.
Consulting with a business lawyer, like those at Wilson Marshall Law Corporation, can help you understand your duties as a director, provide guidance in fulfilling your responsibilities, and ensure compliance with relevant laws and regulations.
What are the potential liabilities that a company may face, and how can I limit my exposure to legal risks and disputes?
Companies may face various liabilities, including contractual disputes, regulatory violations, employment issues, and tort claims. To limit your exposure to legal risks and disputes:
- Maintain strong contracts: Draft clear, comprehensive contracts, and review those proposed by others to ensure fairness and compliance.
- Comply with regulations: Stay informed about relevant laws and regulations and implement processes to ensure compliance.
- Implement risk management strategies: Identify potential risks and develop strategies to mitigate them, such as insurance coverage and internal controls.
- Establish proper corporate governance: Implement effective governance structures, including board oversight, transparent communication, and ethical practices.
- Seek legal advice: Consult with a business lawyer, like those at Wilson Marshall Law Corporation, to help navigate legal complexities, avoid disputes, and protect your company’s interests.
How can I structure my company’s ownership and governance to maximize tax benefits and minimize legal and financial risks?
Structuring your company’s ownership and governance requires careful consideration of your goals, legal and tax requirements, and potential risks. It is important to consult with experienced accounting professionals who can provide tailored advice to your specific situation. Generally, creating a limited liability entity, such as a corporation or limited liability company, can help limit personal liability and provide tax benefits. Additionally, implementing strong governance practices, such as adopting bylaws and a shareholder agreement, can help ensure compliance with legal requirements and reduce the risk of disputes among owners. It is also important to regularly review and update your ownership and governance structure to ensure it remains effective and meets your evolving needs.
Real Estate
What real estate transactions does your firm handle?
We act on cash purchases and sales of real estate. We also advise on commercial leases and related contractual matters within the agreed scope of our engagement.
Please contact us early with the property details, your contract and the proposed completion date so we can confirm whether we can assist.
What does a lawyer do on a cash purchase or sale?
Depending on the transaction and the agreed scope, we review the contract and title, identify matters that require attention, prepare completion documents, coordinate closing funds and attend to the required registrations.
A title search may reveal charges or restrictions that need to be understood or addressed. We explain their significance rather than assume that every charge will be removed.
When should I contact you about a purchase, sale or lease?
Contact us before signing if you would like advice on the proposed terms. If you have already signed, send us the agreement promptly and identify any subject-removal, notice or completion deadlines.
We confirm availability, scope and fees before accepting the file. We can refer matters outside our practice to appropriate counsel.