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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.

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

04/24/2026

Filing a Builders Lien

Filing a Builders Lien against the owner of a property for lack of payment

The Builders Lien Act (BLA) can be an important tool for those in the construction industry.

One of the main purposes of a builders lien is to ensure that owners are not able to obtain an improvement to their land without paying for work and materials used to create such an improvement. In order to claim a builders lien a person may be a contractor, subcontractor, or worker as defined under s. 1(1) of the BLA; and have performed or provided work, supplied material or both in relation to an improvement.

For example, a subcontractor can file a lien to recover monies owed for improvements made on the construction of a new multi-residential building. Section 1(1) of the BLA provides clarification in the form of definitions of contractor, subcontractor and worker. They are as follows:

Contractor: A person contracting with or employed directly by an owner to perform or provide work and/or to supply materials in relation to an improvement.
Subcontractor: A person engaged by a contractor or another subcontractor to perform or provide work or supply materials in relation to an improvement. Note that the definition does not include a worker or person engaged by an architect, engineer, or material supplier.

Worker: A person engaged by an owner, contractor, or subcontractor for wages in any kind of work, whether employed under a contract of service or not, but the definition does not include an architect or engineer, or person engaged by an architect or engineer.

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

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

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

04/22/2026

Fraudulent Misrepresentations in Real Estate Transactions: The Truth Hurts, But Lies Kill Contracts

Understanding Fraudulent Misrepresentations in Real Estate Contracts

A recent decision out of Ontario (1000425140 Ontario Inc. v 1000176653 Ontario Inc., 2023 ONSC 6688) illustrates how fraudulent misrepresentations in real estate transactions can lead to the rescission of the contract.

The case involved Aiden Pleterski, the self-described “Crypto King”, and NBA basketball star, Shai Gilgeous-Alexander. The defendants fraudulently misrepresented to the plaintiff, Gilgeous-Alexander, that the luxury home was private and secure, and omitted to disclose the ongoing safety risk of defrauded investors attending the property and threateningly demanding to know where Mr. Pleterski was.

There was ample evidence to support the ongoing safety risk, including Mr. Pleterski being kidnapped, held hostage and physically harmed by people he had defrauded. The Court found that the defendants knew of the safety risk at the property. The Court held that the safety concerns of the plaintiff were legitimate and not simply “sensitivities or superstitions.”

The defendants argued that they were shielded from liability by the “buyer beware” doctrine and argued that they did not make any fraudulent misrepresentations. However, the Court held that rescission of the contract was the appropriate remedy in this case, putting the parties back to their original positions.

What is a Fraudulent Misrepresentation?

A fraudulent misrepresentation occurs where a representation of fact is made without any belief in its truth, with the intent that the person to whom it is made shall act upon it and actually causing that person to act upon it.

Read the whole article here: https://www.nanaimolaw.com/fraudulent-misrepresentations-in-real-estate-transactions/

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

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

04/20/2026

What annual documents need to be prepared for a corporation in B.C.?

Key Annual Obligations for Corporations in British Columbia

The British Columbia Business Corporations Act (BCA) requires all corporations to file an annual report with the registrar, pursuant to section 51 of the Act. By filing your annual report, you are informing the B.C. Registry that your company is in active standing.

A failure to file an annual report after two consecutive years may result in company dissolution. This post looks at important annual maintenance responsibilities and obligations of a corporation.

Annual Reference Date and Annual General Meeting

Section 1(1) of the BCA describes the annual reference date as the date when the next general meeting is to be held. This date is to be one year from the previous annual general meeting or before as approved by shareholders which needs to be filed in the annual general meeting.

The BCA requires that a corporation hold an annual general meeting every year, within two months after each anniversary of the date on which the company was recognized. At the meeting, the directors are to provide financial statements as well as any auditor’s report on the financial statements.

Note that the BCA does allow all shareholders to vote on a resolution to waive an annual general meeting and if it is unanimously passed then the meeting does not have to be held

Read the whole article here: https://www.nanaimolaw.com/what-annual-documents-need-to-be-prepared-for-a-corporation-in-b-c/

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

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

04/16/2026

Grey Divorce

Divorce is a challenging experience at any stage of life, but for those over 50, it brings unique complexities.

“Grey divorce,” a term describing couples aged 50 and older ending their marriages, has become more common in Canada. This blog explores the reasons behind this trend, the specific challenges faced by individuals going through a grey divorce, and offers advice on navigating this life-changing event.

Grey divorce has seen a significant rise over the past few decades. Statistics Canada reports that while the overall divorce rate has stabilized or even declined in some age groups, it has increased by 26% for those 50 years of age and older. Several factors contribute to this trend, which include increased life expectancy, changing social norms, increased financial independence, and the increase in average age at marriage.

Grey divorce presents unique challenges that can be more complex compared to divorces at younger ages. Here are some key issues:

Financial Considerations
1. Division of Assets: Couples who have been married for decades often have significant shared assets, including property, investments, and retirement savings. Dividing these can be contentious and complicated.

2. Retirement Planning: Divorce can disrupt retirement plans, leading to concerns about maintaining financial stability in later years. It’s crucial to reassess financial goals and create a new retirement plan post-divorce.

3. Spousal Support: Given the long duration of many grey marriages, spousal support may be a significant issue, especially if one partner was the primary breadwinner.

Read the whole article here: https://www.nanaimolaw.com/grey-divorce/

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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