Clark Wilson’s Estates & Trusts partner and co-chair Amy Mortimore, Troy McEachren of Miller Thomson LLP and Rhonda Johnson of Dentons LLP’s article, “Documenting Intentions: Honouring Intentions or Paving the Road to Hell?” was recently featured in the Society of Estate and Trust Practitioners‘ national newsletter, STEP Inside.
In this piece, Amy and her co-authors undertake a common-law and civil law analysis of the fine line that practitioners have to walk between documenting a client’s intentions and ensuring that the fiduciary has the flexibility and discretion to respond to a myriad of unpredictable future events.
The authors summarize the current state of legislation in various provinces, with a particular emphasis on British Columbia and Quebec, regarding the formalities of creating a testamentary document. They then consider the evidence that courts may weigh in giving effect to a testator’s wishes, along with recently enacted curative powers. Finally, they review the pros and cons practitioners should consider when documenting testamentary intentions.
Read the “Documenting Intentions: Honouring Intentions or Paving the Road to Hell?” piece in full here.
This article was first published by the Society of Trust and Estate Practitioners (STEP) Canada and has been shared with permission.