Case Comment: Holman v Brooke, 2022 BCSC 526 | McLarty Wolf - Vancouver Litigation Lawyers

Case Comment: Holman v Brooke, 2022 BCSC 526

When disputes over the co-ownership of property arise and cannot be solved by discussions between the owners, an owner can seek an order from the Supreme Court of B.C. to have the property sold. The Partition of Property Act provides that an owner with a one half interest in the property can apply to force

Registrar's Hearing Passing of Accounts | McLarty Wolf

Registrar’s Hearing-Passing of Accounts

This is the second blog in the series relating to the passing of accounts of a representative of an estate. Please see our first blog that discusses the duty of a personal representative to pass their accounts and the purpose of the passing of accounts more generally. Reference to the Registrar for the Passing of

The Duty to Account and the Passing of Accounts | McLarty Wolf Law

The Final Phase in Administering an Estate: The Duty to Account and the Passing of Accounts

A Personal Representative’s Duty to Account When a person passes away, their will typically names someone responsible for carrying out the will’s instructions. In the completion of this responsibility, a personal representative – sometimes called a trustee, executor, or administrator – has a “duty to account”. This means that they must create an inventory and

Proprietary Estoppel: What Remedies are Available? | McLarty Wolf

Proprietary Estoppel: What remedies are available when someone takes back a promise to transfer property?

In a previous post, we discussed the legal doctrine of proprietary estoppel. The purpose of proprietary estoppel is to prevent unfairness where a promise is made to someone that they will be granted a benefit or right over real property and the person making the promise does not keep their word. However, even if the

Proprietary Estoppel: When is a Real Property Owner Required to Follow Through on a Promise to Transfer Land to Someone Else? | McLarty Wolf Litifation Lawyers Vancouver

Proprietary Estoppel: When is a Real Property Owner Required to Follow Through on a Promise to Transfer Land to Someone Else?

What is proprietary estoppel? Proprietary estoppel is a legal remedy that may be used in some circumstances to prevent a land owner who made a promise or statement to someone that part of all of the property would be transferred to them in the future, from later reneging on that promise. This remedy is an

WESA Section 58 – Curing Deficiencies in an Invalid Will | McLarty Wolf Litigation Lawyers

WESA Section 58 – Curing Deficiencies in an Invalid Will

While it is always best for a person to record their intentions about who will inherit their property after their death with a will prepared by a lawyer or notary, many people will communicate their intentions in less formal ways. In some situations, informal documents like a handwritten will, or even an electronic will such

Bringing a Claim as a Beneficiary on Behalf of an Estate | McLarty Wolf Litigation Lawyers

Section 151 of the Wills, Estates and Succession Act: Bringing a Claim as a Beneficiary on Behalf of an Estate

When someone dies, it falls to their personal representative, i.e. the executor or administrator of their estate, to commence legal claims on behalf of the estate that the deceased could have advanced during their lifetime. If the deceased’s estate has a strong claim against another party that would increase the estate’s assets, the personal representative