Welcome New Associate Allison Sharkey
We’d like to warmly welcome the newest member of our Estates & Trusts group, Allison Sharkey. Allison advises clients on the preparation of wills, powers ... Continued
Clark Wilson Lawyers Named in the 2022 Canadian Legal Lexpert Directory
Clark Wilson is proud to share our team’s rankings in the 2022 Canadian Legal Lexpert Directory®, a distinction based on an extensive peer survey process ... Continued
A Relief But Not a Reprieve: The CRA Postpones The New Federal Trust Reporting Rules
On January 14, 2022, the Canada Revenue Agency (the “CRA”) announced the postponement of the new federal trust reporting regime that was set to come ... Continued
Until Death Do We Part: Who Counts as Your “Spouse” When You Die?
Under British Columbia succession law, the spouse of a deceased would inherit a substantial portion, if not all of the estate, if the deceased died ... Continued
COVID-19 and the Curative Provision in WESA, s. 58: Bishop Estate v. Sheardown, 2021 BCSC 1571
In a recent decision from the Supreme Court of British Columbia, Justice Matthews had an opportunity to consider the impact of the COVID-19 restrictions on ... Continued
A Will-Maker’s Intentions Need Not Be Defeated by Delay: Simpson v. Simpson Estate, 2021 BCSC 1486
In a recent blog post, we commented s. 59 of the Wills, Estates and Succession Act (“WESA”), which permits a Court to correct a Will ... Continued
Clark Wilson Shortlisted for STEP’s Contentious Trusts & Estate Team of the Year
We are delighted to share that our Estates & Trusts group has been named as a finalist in the 2021 STEP Private Client Awards. With ... Continued
The Significance of Testamentary Documents
A recent decision from the BC Supreme Court highlights the special nature of testamentary documents, and the consequences that may result where an executor fails ... Continued
A Tale of Two Spouses: Boughton v. Widner Estate
In a recent decision, the British Columbia Supreme Court grappled with an estate dispute where a deceased was survived by two spouses. This unique decision, ... Continued
Does Presumption of Resulting Trust Apply to Benefit Plan Designations?
The presumption of resulting trust is a well-known legal principle amongst estate lawyers. However, it may not be a familiar concept to many of the ... Continued
West Vancouver (District) v British Columbia (Attorney General), 2020 BCSC 966
On June 29, 2020, the BC Supreme Court issued its decision in West Vancouver (District) v British Columbia (Attorney General), 2020 BCSC 966 (CanLII). This ... Continued
Virtual Execution of Estate Planning Documents During COVID-19
UPDATE: On May 21, 2020, the Land Title and Survey Authority of British Columbia clarified that if an EPOA is signed and witnessed by a ... Continued