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Ocean View | McLarty Wolf Litigation Lawyers

Joint-ownership of a recreational property is not always easy. Peaceful co-existence within a family can sometimes be more fantasy than reality when family members disagree on the use, improvement or transfer of partial ownership interests in a vacation property. Vacation Property Ownership Agreements Recreational land can end up being owned by a number of family

Land Co-Ownership Disputes | McLarty Wolf Litigation Lawyers

Land Co-Ownership Disputes

What happens when two people who own property together (joint tenants or tenants in common) can’t agree on what should happen to their land.  When co-owners agree to list the house for sale and to divide the profits, or alternately implement a buy out of one owner’s share, the process can be fairly easy and

Coal Harbour Vancouver | McLarty Wolf Litigation Lawyers

Vancouver Land Ownership Rights

The price of residential real estate in the City of Vancouver and surrounding communities continues to increase at a staggering rate. This is especially true for single-family homes where figures released by the Real Estate Board of Greater Vancouver[1] for February 2016 show a 27% year-over-year increase for single-detached home prices in Metro Vancouver. Property

Holding Hands | McLarty Wolf Litigation Lawyers

When a person dies with a properly written, signed, and witnessed Will in place, the administration of the estate usually proceeds without difficulty.  Unfortunately, some people die without a Will or with a Will that is invalid due to the failure of the Will to conform to the ‘formal’ requirements for a valid Will established

Living Will Declaration | McLarty Wolf Litigation Lawyers

What is Undue Influence Section 52 of The Wills, Estates and Succession [1] Act (“WESA”) creates a presumption of undue influence in relation to disputed wills where certain types of relationships exist.  That section speaks to undue influence and provides as follows: “In a proceeding, if a person claims that a will or any provision

Disinherited Spouses and Children | McLarty Wolf Litigation Lawyers

Disinherited Spouses and Children

A person’s last Will is a very important document.  It sets out the Will maker’s intentions for the distribution of all of their property upon his or her death.  Once the Will has been probated (proved to be valid), the executor appointed by the Will maker has the duty of paying the debts of the

Unneighbourly Disputes Between Neighbours | McLarty Wolf Litigation Lawyers

There is a saying that “good fences make good neighbours” and that may be the case for most people.  However, in a region such as metro Vancouver where an ever increasing number of people are trying to live on the same finite land base, the potential for ‘unneighbourly’ disputes is also increasing.  Disputes are not

Joint Property Ownership Disputes in Vancouver, BC | McLarty Wolf

Joint Property Ownership Disputes

The Purpose of Joint Property Ownership in Vancouver Real estate is among the most valuable assets that the average person will purchase in his or her lifetime. For many, buying a piece of land, a house or a condo involves the pooling of resources with another person. This relatively common scenario can often allow people

Trusts Claims Against Trustees | McLarty Wolf Litigation Lawyers

Trusts & Claims Against Trustees

A trust is created by the “settlor”, who provides the assets of the trust. The legal title to the trust assets is held by a “trustee”.  The trustee holds the assets for the benefit of the “beneficiary” of the trust.  Many trusts are intentionally created by settlors to achieve specific purposes.  Some of the most

Appointing a Committee (Legal Guardian) for an Incapable Person | McLarty Wolf Litigation Lawyers

What Is an “Incapable” Person? When an adult person due to illness (such as dementia) or a brain injury is no longer able to care for themselves and/or make decisions, a legal guardian can be appointed, known as a ‘committee’. Under the Patients Property Act, two different kinds of legal guardians can be appointed by the

How Does a Court Decide Whether to Vary a Will? | McLarty Wolf Litigation Lawyers

Under B.C. law, a spouse or child of a person who leaves a will that is believed to inadequately provide support can request that a court modify the terms of the will. Section 601 of the Wills, Estates and Succession Act (WESA) permits the court to change the terms of the will if, in the

Financial Elder Abuse: Common Signs and Types to Be Aware Of

Financial abuse affects thousands of older Canadians each year. Sometimes, this abuse is perpetrated by a person in a position of trust, such as a family member or financial professional while, in others, a stranger who befriends the victim is involved. Many older adults are hesitant to report financial abuse because they are embarrassed or

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