Helpful answers
Understanding notarial processes should be simple, clear, and reassuring. As a British Columbia Notary Public based in Coquitlam, I provide transparent guidance on what to prepare, how non-contentious legal documentation works, and what falls within notarial practice in BC.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Every person's situation is different, and laws can change. For guidance specific to your circumstances, please book a consultation.
Frequently asked questions
Find detailed answers below regarding our legal services, appointment preparation, and statutory guidelines. If your inquiry requires additional clarification, we are always here to help.
What identification and items must I bring to an appointment?
Please bring a valid, government-issued photo ID (such as a driver’s license or passport) and a secondary piece of ID, as BC practice standards require two independent pieces of identification. Always bring your complete, unsigned documents, any other required signers or witnesses, and original records when requesting certified true copies.
What is a Will, and why should I have one even if my estate is simple?
A Will is a formal legal document that directs how your assets are distributed, appoints an executor to manage your estate, and can name guardians for minor children. Even with a modest estate, a Will prevents unnecessary delays, reduces administrative costs, and avoids statutory rules of intestate distribution.
What is a Power of Attorney, and which type do I need?
A Power of Attorney (POA) lets you appoint someone (your "attorney") to manage your financial and legal affairs. It does not cover personal or health care decisions — that's handled by a separate document (see Representation Agreements below). BC recognizes a few types, but the two most relevant for future planning are:
General POA — active immediately, but ends automatically if you become mentally incapable.
Enduring POA (EPA) — the most common choice for future planning, because it continues even if you later lose capacity.
What is the difference between a Statutory Declaration and an Affidavit?
Both are formal statements of fact made under oath or solemn affirmation. An Affidavit is typically prepared for use in court proceedings, whereas a Statutory Declaration is used outside of court, such as for insurance loss declarations, government applications, or corporate matters.
What is a Representation Agreement, and how does a Section 7 Representation Agreement differ from a Section 9 one?
A Representation Agreement allows you to designate a trusted person to make health and personal care decisions for you. A Section 7 agreement provides standard routine management powers (often suitable for individuals with limited legal capacity), while a Section 9 agreement confers broad, advanced non-routine healthcare and end-of-life decision-making authority.
What is an Advance Directive, and how does it differ from a Representation Agreement?
An Advance Directive is a written set of specific instructions about future health care treatments — it applies directly, without anyone else's involvement. Unlike a Representation Agreement, it doesn't appoint a person to decide on your behalf; instead, your healthcare provider follows your written instructions directly. Many people choose to have both: an Advance Directive for specific, clear-cut wishes, and a Representation Agreement to name someone who can use judgment for anything the directive doesn't cover. Where both exist and there's a conflict, BC law generally gives the appointed representative the final say, unless you've specified that the Advance Directive should be followed strictly.
What services fall outside what a BC Notary Public can legally handle?
BC Notaries handle non-contentious legal matters where all parties agree. We cannot handle contentious disputes, corporate litigation, family law, criminal matters, or complex Wills involving trusts with gifts that go to beneficiaries when they are over 25 years old. In these cases, we will gladly refer you to an appropriate lawyer.
What is a Certified True Copy?
A Certified True Copy is a photocopy of an original document that a notary has compared against the original and certified as an accurate reproduction. This is commonly needed for documents like diplomas, identification, and business records, especially when the original can't be sent (for example, for use with an organization outside Canada).
What is a Travel Consent Letter, and when is it required?
A Travel Consent Letter is a document confirming that a parent or guardian who isn't accompanying a minor on a trip has given permission for that travel. While not strictly required by Canadian law, it's widely recommended by the Government of Canada and requested by border officials, especially when a child is travelling with only one parent, another adult, or alone — since it helps prevent delays and shows the trip is authorized by everyone with legal rights over the child.
What is a Letter of Invitation, and does it need to be notarized?
A Letter of Invitation is drafted to support a foreign visitor’s Canadian visa application. While not all visa offices strictly mandate notarization, having it notarized confirms your identity and adds legal credibility to your pledge of accommodation and support.
What is an Insurance Loss Declaration?
An Insurance Loss Declaration is a sworn statutory statement detailing the loss, theft, or damage of insured property. Your insurance provider often requires this sworn document before processing significant claims.
What is a codicil, and can it be used to update my Will?
A codicil is a formal legal amendment that modifies, deletes, or adds provisions to an existing Will without revoking the entire document. It must meet all legal signing formalities required for Wills in British Columbia.
Codicils made more sense in the era of handwritten and typewritten Wills, when redoing the entire document for a small change wasn't practical. With modern word processing, that's no longer the case — a full new Will can be drafted and printed in a fraction of the time, at little extra effort.
Because of this, most estate planning professionals today recommend preparing a new Will rather than a codicil, even for minor changes. A codicil adds a second document that must be interpreted alongside the original, which increases the risk of conflicting terms, confusion, or disputes during probate — especially if a codicil is misplaced, unclear, or later contested. A single, up-to-date Will is simply the cleaner and safer option.
Still have questions or ready to book?
I am here to guide you through your non-contentious legal paperwork with total clarity and confidence. Prefer to discuss your matter first? Call 778.222.3108 or reach out by email at notary@serhii-notary.ca.