Probate Off-Limits for Notaries
On October 9, 1998, the BC Supreme Court made clear in the case of Law Society of BC v. Marian Gravelle (BCSC Vancouver Registry A964141) that notaries public have no jurisdiction to act in probate matters. In his decision, Mr. Justice Bauman stated that “Neither the statute nor the common law authorizes notaries to practice in probate matters. It follows, in line with the Court of Appeal’s reasons in the Notaries Reference, that it is the ‘unauthorized practice of law’ as defined in s.1 of the Legal Professions Act, RSBC 1996, c.255 for a notary public to so act.”

“The public must be protected from the potential results of unauthorized practice of law by notaries public,” said Jim Herperger, Chair of the Notaries Public Committee of the Canadian Bar Association, BC Branch. “Lawyers have the extensive training and expertise to ensure the protection of the client’s interest in wills and probate matters, and to prevent future legal problems of the kind which may arise due to inappropriate and incorrect legal advice provided by a non-lawyer.”


Annotated British Columbia Legal Profession Act
Western Legal Publications has recently released the Annotated British Columbia Legal Profession Act. “Finally--at your fingertips--everything you need to know governing the practice of law in British Columbia,” says author Gordon Turiff. “It’s as essential to your practice as paying your dues or insurance.” Included are: a Foreword by the Chief Justice of British Columbia; the publisher’s unofficial consolidation of the British Columbia Legal Profession Act; statutory history for amendments to the Act including helpful commentary; Concordances; a Table of Cases; case annotations; the Law Society Rules and Professional Conduct Handbook; a Research Guide and an Index. Cost per copy is $80, and yearly updates are $40 per year. To order, contact Western Legal Publications, Toll Free 1.800.663.0422. In Vancouver Tel: 604.687.5671, Fax: 604.687.2796.

These articles were published in the December 1998 issue of BarTalk. © 1998 The Canadian Bar Association. All rights reserved.