Closing the Gap? Mental capacity assessment orders in Sandhu (Re), 2022 BCSC 2027
By Polly Storey Ordering an adult to submit to an assessment of their mental capacity, without their consent, is an extreme measure. In 2012, however, ... Continued
Determining Capability – Horan v Fraser Health Authority, 2022 BCSC 1951
By Polly Storey and Joanna Ludlow In a recent decision of the BC Supreme Court, Justice Iyer has provided guidance regarding how capacity to consent ... Continued
Upcoming Webinar | Seminar Partners’ Testamentary Capacity & Undue Influence in Estate Planning
Canadian litigators, estates and trusts lawyers, and general practitioners are invited to join Clark Wilson’s senior partners Mark Weintraub, K.C. and Geoffrey White, K.C., as ... Continued
A Certain Uncertainty – Discretionary Trusts and the Division of Family Property
Many families choose a discretionary trust when planning their estates for the operative term: discretion. However, along with this discretion comes a high degree of ... Continued
Upcoming Conference | CLEBC’s Wills, Estates, and Trusts Conference 2022
Join Clark Wilson Estate & Trusts co-chairs Amy Mortimore and Richard Weiland, TEP along with counsel Geoffrey White, K.C. as they present at the Continuing ... Continued
The Lawyer’s Daily Interviews Polly Storey
Our Estates & Trusts lawyer Polly Storey has been quoted in a new article from The Lawyer’s Daily, a national publication providing legal news, analysis, ... Continued
Mark Weintraub, Q.C. and Polly Storey Published in The Advocate
Clark Wilson’s Estates & Trusts lawyers Mark Weintraub, Q.C. and Polly Storey‘s article, “Binding The Will-maker’s Conscience: Is it Time to Use the Good Conscience ... 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
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
The Cy-Pres Application: A Potential Tool to Assist Non-Profits
Clark Wilson supports charities, in our firm culture and as a main practice area. With so many of our non-profit clients encountering disruptions due to ... Continued
Limitation Periods Suspended During COVID-19
We wrote earlier regarding the Notice issued by the Supreme Court of British Columbia to the Profession to adjourn all civil and family matters scheduled ... Continued
Estate Litigation During COVID-19
Due to the distancing measures necessary as a result of COVID-19, the B.C. Supreme Court (the “Court”) has taken drastic measures to protect those who ... Continued