British Columbia Law
Preventing Problems Is Cheaper and Safer
Every successful person knows that knowledge is power. You cannot make good decisions without all the facts and good advice about your choices and the consequences of each choice.
Like your family physician (GP) and accountant (CPA), you need a team of advisors that includes a lawyer who knows you and can provide answers when you need them. It is so much cheaper, and safer, to prevent health, tax, and legal problems than to try and find a cure.
In addition to their years of education and experience, one of the best benefits from your advisors is objectivity. None of us can see the forest (the big picture) if we are lost in the trees.
A regular Legal Checkup - like a visit to the dentist - is one of the most valuable investments you can make for your family's future. Sea to Sky Law™ recommends a twice-yearly review of your family law, estate, and business documents to catch issues before they become costly disputes.
Prevention Is the Foundation of Good Legal Planning
In medicine, the principle is well established: early screening and preventive care cost a fraction of treating a disease that was allowed to progress. The same principle applies, with equal force, to legal matters.
The cost of preventing a legal problem is almost always dramatically lower than the cost of solving one after it has developed - and some legal problems, once they arise, cannot be fully resolved at any price.
Consider the difference between these two scenarios:
Scenario A: A couple makes Wills and a marriage agreement when they are young and healthy, with modest assets. The cost is modest and the documents accurately reflect their wishes.
Scenario B: The same couple separates twenty years later with a family home worth $2.5 million, a business, pensions, and two children. Without a marriage agreement, everything is presumptively divided equally under BC's Family Law Act. The legal fight over the business valuation alone costs tens of thousands of dollars.
The prevention cost in Scenario A was a few thousand dollars. The cure cost in Scenario B is many times that.
What a Legal Checkup Covers
A Legal Checkup is a structured review of your legal documents and circumstances with your lawyer. Depending on your situation, it may cover:
Family law documents: Have you made or updated a marriage agreement or cohabitation agreement? Is your separation agreement still current if your income or living situation has changed? Are your child support and spousal support arrangements consistent with your actual income?
Estate documents: Is your Will current? Does it name the right executor, the right guardians for your children, and the right beneficiaries? Have you acquired or disposed of significant assets since your last Will was made? Has a named executor or beneficiary died?
Powers of Attorney and Representation Agreements: Do you have these documents? Have they been updated since your circumstances changed? Does the person you named still have the capacity and willingness to serve?
Beneficiary designations: Do your RRSP, RRIF, TFSA, and life insurance designations match your current intentions? These pass outside your Will and are not automatically updated when you make a new Will.
Business documents: If you own a business, do you have a current shareholder agreement, partnership agreement, or buy-sell agreement? Are your corporate records up to date with the BC Registries?
BC-Specific Legal Risks That Proactive Planning Addresses
BC has some unique legal features that make proactive planning especially important:
The Family Law Act creates spousal property rights for common-law couples after two years of cohabitation - many people do not realize their relationship has crossed this threshold until a separation reveals it.
BC's Wills, Estates and Succession Act gives spouses and children the right to challenge a Will that does not make adequate provision for them. A Will that made sense when written may be vulnerable to challenge if circumstances have changed significantly.
BC's Limitation Act imposes strict two-year deadlines on most civil claims. Failing to act within these deadlines can extinguish rights that would otherwise have been valuable.
BC's Property Transfer Tax Act imposes tax on most real property transfers, but exemptions exist (for first-time buyers, transfers between related persons, principal residence transfers). Proactive legal advice can identify and preserve applicable exemptions.
The Objectivity of a Professional Advisor
One of the greatest benefits of having a trusted lawyer is objectivity. When you are inside a difficult situation - a failing marriage, a business dispute, a family conflict over an estate - it is nearly impossible to see the full picture clearly. Emotions distort judgment. Advisors who know your history can identify risks and options that are invisible to someone who is too close to the problem.
This is not a luxury. It is a fundamental advantage that successful people routinely use. The question is not whether you can afford a lawyer - it is whether you can afford not to have one.
Sea to Sky Law™ offers Legal Checkups for clients across BC, by phone or video. Like a visit to your family doctor, a Legal Checkup is proactive, efficient, and one of the most cost-effective investments you can make. Contact Andrew Liggett BA JD CD today to schedule your Legal Checkup.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.