Lawyers are required to account to a client for any money held in trust for the client's benefit. Occasionally, a lawyer is unable to locate a client, so trust money remains unclaimed. Efforts are always made by lawyers to track down the rightful owners of funds left behind. Because of moves, name changes, deaths and other reasons, it is sometimes not possible to locate people to whom the money should be returned.

Examples of unclaimed trust money include retainer money left over in a trust account, payments to court that are subsequently reimbursed, late reimbursements for estate taxes or late payments from the purchase or sale of a house.

If you believe you have left money with a lawyer, contact the lawyer. If your money has been unclaimed for more than two years or you are unable to locate the lawyer, contact the Law Society at unclaimed@lsbc.org. There is no time limit for claiming trust funds.

You will need documents proving your identity and supporting your claim. If you are an heir or are making a claim in a representative capacity, you will need appropriate documentation of your status or authority.

Under Law Society Rules a lawyer who has held funds in his or her trust account on behalf of a person whom the lawyer has been unable to locate for two years may pay the money to the Law Society. The society will attempt to locate the rightful owner or his or her heirs. If the owner can not be found within five years, the money will be paid to the Law Foundation (a non-profit organization that provides funding for legal aid, legal education, law libraries and similar programs) with the understanding that all valid claims for return of trust money will be honoured.

If you believe you have unclaimed money with a bank, trust company or similar organization, here are some links that may assist you to locate the funds:

The BC Unclaimed Property Society

Bank of Canada

Office of the Public Guardian and Trustee of BC