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Monday 8:30am - 5pm Tuesday 8:30am - 5pm Wednesday 8:30am - 5pm Thursday 8:30am - 5pm Friday 8:30am - 5pm

Heath Law LLP Lawyers

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Heath Law LLP Lawyers

We provide exceptional, cost-effective service to our clients. Heath Law LLP is a full-service law firm that was founded in Nanaimo on Vancouver Island in 1950.

The 22 lawyers at Heath Law LLP in Nanaimo, BC, engage in the following Practice Groups: Commercial; Corporate; Real Estate; Financial Services; Family Law; Wills/Estates; Litigation. Although we have clients all over British Columbia our firm primarily services the Mid-Island region including Nanaimo, Lantzville, Parksville, Qualicum Beach, Port Alberni, and Ladysmith. Our 20 lawyers engage in th

e following Practice Groups: Commercial (business acquisitions and sales; commercial contracts; corporate records and reorganizations; real estate development and conveyancing), Family (divorce, separation, support and custody), Estates (wills, estate and incapacity planning; estate administration; estate litigation), Litigation (civil claims, construction and commercial disputes; personal injury and insurance defence; residential and commercial tenancy disputes; immigration issues) and Financial Services (commercial lending; mortgages and security agreements; secured transactions; syndicated loans; foreclosures and collections). Our lawyers are supported by experienced and talented staff within each of the Practice Groups. We are dedicated to providing exceptional, cost-effective service to our clients. We are also very proud of our legal heritage as 5 of our partners have been appointed to the Supreme Court of British Columbia, 4 as Judges and 1 as a Master. At Heath Law LLP we match our commitment to our clients with community service. We support local causes, programs and initiatives, and each year we fund a Vancouver Island University Scholarship which is awarded to deserving students from our service area.

06/17/2026

Heath Law LLP is pleased to introduce Grant Zimmerman, a corporate and commercial lawyer with more than 30 years of experience guiding clients through complex business matters, multi-party transactions, corporate governance, acquisitions, and succession planning.

Throughout his career, Grant has advised entrepreneurs, established businesses, large institutions, First Nations, and not-for-profit organizations through complex business matters and stages of growth.

We’re pleased to welcome Grant to Heath Law LLP and to the Vancouver Island community.

Learn more about Grant:
https://www.nanaimolaw.com/lawyers/grant-zimmerman/

06/11/2026

Heath Law LLP is pleased to welcome two new associates to our Nanaimo team: Chase Bayko (Left) and Cameron MacNeil (Right).

Both Chase and Cameron were raised in Nanaimo and bring strong local connections, practical experience, and a client-focused approach to their work.

Chase Bayko joined Heath Law LLP as an articled student in 2025 and was called to the BC Bar in May 2026. His practice focuses on construction litigation, tenancy disputes, and general civil litigation. Before practising law, Chase worked as an apprentice electrician on residential construction projects, giving him practical insight into the construction industry and the disputes that can arise within it.

Cameron MacNeil also completed his articles with Heath Law LLP before joining the firm as an associate. He was called to the BC Bar in 2026. Cameron’s practice focuses on wills and estate planning, estate administration, corporate and commercial matters, and real estate law. He works with individuals, families, and businesses to provide practical legal support tailored to their needs.

Please join us in welcoming Chase and Cameron to the firm.

Learn more about the Heath Law team:
https://www.nanaimolaw.com/lawyers/

06/08/2026

How should I communicate with beneficiaries and potential heirs of the estate?

Executors should initiate conversations promptly after the passing of the deceased, providing clear information about the probate process, including steps, timelines, potential delays, and the roles involved.

Written communication, such as formal letters or emails, not only ensures that details are documented but also provides beneficiaries with a reference point. An executor is obligated to keep beneficiaries “reasonably” informed throughout the estate administration process and to answer inquiries made by beneficiaries in a timely manner. What is reasonable depends on the circumstances and estate administration can take months or years to complete.

If the executor is not communicating with beneficiaries and delay is becoming an issue, a court application can be brought to compel the executor to complete the administration of the estate and distribute the estate’s assets.

Read the whole article here: https://www.nanaimolaw.com/how-should-i-communicate-with-beneficiaries-and-potential-heirs-of-the-estate/

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

05/14/2026

What documents do I need to gather and file in relation to the probate process?

The documents required for a typical application for probate are:

1. A submission for an estate grant;

2. An affidavit of the applicant for grant of probate from the applicant;

3. If there are two or more applicants, an affidavit in support of an application for an estate grant from each applicant;

4. Two copies of a certificate of Wills notice search;

5. Any affidavit or material required to deal with issues relating to the Will, including proof of due ex*****on, the effect of interlineations or alterations, or electronic Wills;

6. One or more affidavits of delivery that, collectively, confirm that notice was delivered to all persons to whom notice must be given;

7. An affidavit of assets and liabilities from the applicant;

8. Two exact copies of the Will or a copy of the Will being submitted;

Read the whole article here: https://www.nanaimolaw.com/what-documents-do-i-need-to-gather-and-file-in-relation-to-the-probate-process/

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

05/11/2026

What if there are issues with the Will or concerns about its validity?

Whereas some issues with a Will can be rectified, others will result in the Will being held as invalid.

Issues concerning undue influence or lack of capacity can have the effect of invalidating a Will. A Will may also be invalid if it does not comply with s.37 of the British Columbia Wills Estates and Succession Act (“WESA”) which states that the Will must be:

(a) In writing,

(b) Signed at its end by the Will-maker or the signature at the end must be acknowledged by the Will-maker as his or hers, in the presence of 2 or more witnesses present at the same time, and

(c) Signed by 2 or more of the witnesses in the presence of the Will-maker.

Read the whole article here: https://www.nanaimolaw.com/what-if-there-are-issues-with-the-will-or-concerns-about-its-validity/

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

05/09/2026

🩷 This One Is For All Of The Amazing Women Out There 🩷

Today, we pause to recognize and celebrate the incredible women who shape our lives with strength, compassion, patience, and love. To all mothers, stepmothers, grandmothers, aunts, sisters, mentors, and female role models — thank you for the countless ways you support, guide, encourage, and inspire those around you every single day.

Behind so many strong families, thriving communities, and successful futures are women who give their time, wisdom, and care without asking for recognition. Whether through quiet sacrifices, comforting words, hard-earned lessons, or unwavering support, your impact reaches far beyond what can ever truly be measured.

Mother’s Day is not only a celebration of motherhood, but also a moment to honor every woman who has stepped into a nurturing, guiding, and uplifting role in someone’s life. Your influence helps build confidence, create belonging, and shape generations to come.

We are grateful for your kindness, resilience, leadership, and love. Wishing you a Mother’s Day filled with appreciation, joy, and the recognition you so deeply deserve.

Thank you, for all that you have done, for all that you do, and most of all, Mom, thank you for being You!

Happy Mother's Day to all of the wonderful women out there!
From all of us at Heath Law LLP.

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

04/30/2026

Capacity of a Will-Maker and Undue Influence

Jung Estate v. Jung Estate, 2022 BCSC 1298 (“Jung Estate”) is an instructive case regarding testamentary capacity, the testator’s knowledge and approval of the contents of their Will, and the concept of undue influence.

By way of background, the testator in Jung Estate was Rose Jung. Rose was described by witnesses as passive and non-confrontational. She left two surviving children: Steven and Jerry. Her assets consisted of a house worth over $1.6 million and the residue of her estate, which was fully spent in paying the expenses of her estate. Multiple factors brought Rose’s capacity into question and caused suspicion around her knowledge and approval of her Will.

She made a new Will in 2017, just one month before her passing, although she’d also made a Will in 2001. Despite Rose’s history of treating her sons equally, which was reflected in her 2001 Will, the 2017 Will essentially disinherited Steven, yet offered Jerry a gift of over $1.6 million. Steven started the action; after he passed away, his wife took over the litigation, as she was the executor of Steven’s estate. The action successfully invalidated Rose’s 2017 Will.

In Jung Estate, the court laid out the law surrounding testamentary capacity. It stated that the formal validity requirements of the Will having been met lead to the presumption that Rose, as the testator, had necessary capacity as well as knowledge and approval of the contents

However, the presumption was rebutted due to the suspicious circumstances raised. The burden to prove the validity of the Will then shifted to Jerry: the person seeking to show the Will was valid. In making its ultimate finding that Rose did not have the requisite capacity, the court discussed and highlighted some of the circumstances that raised suspicion.

Read the whole article here: https://www.nanaimolaw.com/capacity-of-a-will-maker-and-undue-influence/

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

04/29/2026

What Happens in BC When a Person Dies Without a Will?

What happens when a person dies without creating a will?

In BC, when a person dies without creating a will this is referred to as intestacy. Intestacy prompts the obvious question: what happens to the person’s assets? The Wills, Estates, and Succession Act, S.B.C. 2009, c. 13 (WESA), establishes a standard asset distribution scheme in the event of intestacy.

In general, the intestate’s (deceased’s) spouse is first in line but their share of the assets depends on whether the intestate had children or descendants. Other relatives may also be entitled to a share if there is no spouse or children. However, before any assets are distributed, the court must appoint an administrator of the estate.

An administrator of an intestate estate has various responsibilities including the disposition of the remains, collecting and documenting assets and liabilities, keeping expense records, identifying potential beneficiaries, and eventually distributing the assets. Section 130 of WESA gives priority to the spouse to be appointed as administrator and gives them the ability to nominate an alternate.

If the spouse is not appointed, the children of the deceased are next in priority order. Additionally, the consent of the majority of the deceased’s children can affect which child is ultimately appointed. If neither the spouse nor the children of the deceased are appointed, the court may appoint a person they consider appropriate in the circumstances.

Read the whole article here: https://www.nanaimolaw.com/what-happens-in-bc-when-a-person-dies-without-a-will/

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

04/27/2026

Removing a Builders Lien in BC

I have had a Builders Lien filed against my property; what can I do to remove it?

Generally, a builders’ lien is a charge on property by a person who has supplied work or material to a building under construction. Since builders’ liens are typically simple and inexpensive to file against property, an owner may find themselves in a situation with multiple liens against their title.

The filing of a builders’ lien can have an immediate and serious impact. It may affect the ability to gain financing or interfere with the sale of the property. Therefore, it may be necessary for persons affected by a lien to have methods at their disposal to obtain a discharge of the lien.

The Builders Lien Act (“BLA”), ss. 22 to 25, outline procedures for how persons who have interests in the liened property can obtain the discharge of liens. For example, section 24 of the BLA provides that a claim of lien can be cancelled by “giving security”.

Read the whole article here: https://www.nanaimolaw.com/removing-a-builders-lien-in-bc/

Ph: (250) 753-2202, Toll Free: 1-866-753-2202

We are open Monday to Friday, 8:30AM – 5PM

Address

200, 1808 Bowen Road
Nanaimo, BC
V9S5W4

Opening Hours

Monday	8:30am - 5pm
Tuesday	8:30am - 5pm
Wednesday	8:30am - 5pm
Thursday	8:30am - 5pm
Friday	8:30am - 5pm

Website

https://www.nanaimolaw.com/

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