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

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

5 Small Wood Red Homes on The Table | McLarty Wolf Litigation Lawyers

Partition of Property

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

The Gifting of Property | Property Law | McLarty Wolf Litigation Lawyers

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

Seller Misrepresented the Condition of the Property | McLarty Wolf

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

Seeking Compensation Under Sections 13 & 14 of the Property Law Act | McLarty Wolf Litigation Lawyers

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