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
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
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 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?
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
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
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
In May of 2019, a high-profile singer appeared in a court in the United States with both of her parents to speak to a judge about the singer’s 11-year-long ‘conservatorship’. The singer’s father had been her conservator since 2008 follow ing the singer’s public meltdown and had legal control over nearly all the singer’s business
According to the World Health Organization, Dementia is a syndrome of a chronic or progressive nature in which there is a deterioration in cognitive function (i.e. the ability to process thought) beyond what might be expected from normal aging. It affects memory, thinking, orientation, comprehension, calculation, learning capacity, language, and judgment, but consciousness is not
Two sisters who decide to move out of their parents’ home and build independent lives of their own. They agree that to have their own home they will need to pool their finances together so that they can afford a modest two-bedroom apartment conveniently located close to where they work. As time goes by, one
It is not uncommon for executors to tire of their responsibilities including responding to the demands of beneficiaries and decide to resign from their duties as executors. On the other hand, beneficiaries may tire of the executor’s delays in administering and distributing an estate or more seriously, take the view that the executor is acting
Whether we realize it or not, contracts are fixtures of our daily lives. Fundamentally, a contract involves (1) an offer; (2) an acceptance; and (3) consideration. The morning dose of caffeine which costs you $3.50 is the consideration you pay in return for the café’s offer of a cup of coffee. We enter into a