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Unfair Assets

Unfair Asset Transfers

Often there are assets that do not pass through the estate.

We're here to help with your challenging asset transfers.

This is sometimes done to avoid probate fees or estate taxes, or to avoid challenges to the distribution of the estate. Some examples are where a home is transferred into joint tenancy with another person, where someone is added to a joint bank account, or where someone is added as a beneficiary to an investment, pension, or life insurance policy. Sometimes a person will gift assets to their beneficiaries or set up a trust during their lifetime.

It is possible to challenge these asset transfers if the deceased was unduly influenced, lacked the mental capacity to make the transfer, or did not intend for the recipient to keep the full benefit of the asset. Our lawyers can guide you through the legal process if you are dealing with an unfair asset transfer.

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Approving a Sale of Co-Owned Properties: What the Purssell v. Purssell Decision Means for Partition of Property Act Proceedings

Micah Goldberg

Our firm’s recent success in Purssell v. Purssell, 2026 BCCA 328, provides useful guidance on the factors a judge will consider when approving a sale sought in Partition of Property Act (PPA) proceedings. Namely, that an approval judge must consider the background that gave rise to the original order for sale.

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