The Gifting of Property
Everyone is familiar with the concepts of gifts and gifting. Most people receive gifts and make gifts to others many times during the course of their lives. In addition, many persons make arrangements to gift their remaining assets when they die by leaving property to family members, friends or charities in a will. A gift
- Published in Real Estate and Property Disputes
Who is a Spouse Under WESA?
When someone dies without a will, that person is said to have died “intestate” and their estate must be distributed according to the BC Wills, Estates and Succession Act (WESA). According to Section 20 of WESA, the estate of a spouse who has died without a will and with no surviving descendants must be distributed entirely
- Published in Trust and Estate Litigation
Are Will Variation Claims Worthwhile?
While the Wills, Estates and Succession Act (WESA) of British Columbia has provided a framework for seeking a variation of the distribution of an estate that is set down in a will written by a person who has since died, (as well as challenging the validity of a will on the grounds of undue influence
- Published in Trust and Estate Litigation
What to Know About Insurance Valuation Disputes
When you have a home, you imagine living in it forever. You renovate it so the home suits your present and future lifestyle. In time, you purchase things to increase the enjoyment of your home as well as acquire new things of value that you will later give to your beneficiaries. However, it can take
- Published in Insurance
What If the Seller Misrepresented the Condition of the Property?
There are many things that can hamper a home deal. The house may not have the marble countertop you have been looking for or the backyard doesn’t have a fence to offer more privacy. Yet these are minor issues that a motivated homeowner may deal with to get the house as they can always add
- Published in Real Estate and Property Disputes
The Truth About Will Contests
The death of a loved family member is emotionally difficult, perhaps an even traumatic event. That grief can be compounded if you learn that your parent or spouse treated you unfairly in their will or if you have concerns regarding the circumstances of the making of the will. Although it is difficult to be objective
- Published in Trust and Estate Litigation
Seeking Compensation Under Sections 13 & 14 of the Property Law Act
We all go into business and land partnerships with the best intentions. Many of these arrangements are profitable and offer new ways to finance the purchase of real estate and build businesses. Unfortunately, these plans can backfire and interests you sought to advance can become severely threatened. Co-ownership of real estate is one example where
- Published in Real Estate and Property Disputes
Can a Power of Attorney Change a Will After a Death?
A power of attorney is a legally binding document giving a person some authority to act on behalf of another. There are very strict limitations as to what this person can and cannot do. If you believe someone has changed a will or has made changes he or she is not authorized to do on
- Published in Trust and Estate Litigation
When Can a Will Be Contested?
The death of a loved family member is an emotionally difficult, perhaps even traumatic event. That grief can be compounded if you learn that your parent or spouse treated you unfairly in their will or if you have concerns regarding the circumstances of the making of the will. Although it is difficult to be objective
- Published in Trust and Estate Litigation
Resolving Land Co-Ownership Disputes Under the British Columbia Property Law Act
We all go into business and land partnerships with the best intentions. Many of these arrangements are profitable and offer new ways to finance the purchase of real estate and build businesses. Unfortunately, these plans can backfire and interests you sought to advance can become severely threatened. Co-ownership of real estate is one example where
- Published in Real Estate and Property Disputes
What If the Seller Misrepresented the Condition of the Property?
There are many things that can hamper a real estate deal. A house may not have the marble countertop you were looking for or the yard may not have a fence to offer more privacy. These are minor issues that a motivated homeowner may be willing to live with in order to secure a suitable
- Published in Real Estate and Property Disputes
Disinheritance of a Child by their Parent
Can a parent in British Columbia cut one or more of their children from their will, or leave more to one child than another? Those are not simple questions to answer. However if one of your parents recently died leaving little or nothing to you, here are some of the issues that need to be
- Published in Trust and Estate Litigation