Latest Blog Articles

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

Gold Ink Pen | McLarty Wolf Litigation Lawyers

British Columbia law sets out many different requirements1 for a last will and testament to be valid and enforceable. For example, the will must be in writing, it must be dated, must be signed and witnessed appropriately, and you must agree with the provisions in the will without feeling pressure or being misled by anyone

Litigation Consultation | McLarty Wolf Litigation Lawyers

If a loved one asks you to serve as trustee1 or executor of their estate, you will likely feel honored that they believe you are reliable and trustworthy enough to watch over their affairs after they pass away. This honorable feeling often leads too many people to rush to answer “yes” without thoroughly considering the

Woman on Wheelchair | McLarty Wolf Litigation Lawyers

In British Columbia, being totally disabled may not be enough to entitle you to benefits under a disability policy as a result of two common disability policy provisions. First, the policy typically defines the policy term “totally disabled” as your being unable to perform substantially the “whole of the duties of your regular occupation” and