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
Health Care Decision-Making
The COVID-19 crisis has caused significant uncertainty and raised many questions. One issue that we may not consider until it is too late is health ... Continued
Surprise! A Blog on Secret Trusts
Our office has previously written on the topic of secret trusts. This article will discuss some further case law where attempts were made, both successful ... Continued
Traditional Indian Values Meet Contemporary Standards: How the Courts Address Inequality In Wills
From its beginnings, the Sikh faith was a head of its time and emphasized the equality and dignity of women: From woman, man is born; ... Continued
Costs in Estate Litigation: Different Horses for Different Courses
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court. In estate litigation ... Continued
Petrick (Trustee) v. Petrick, 2019 BCSC 1319 – Not All Joint Tenancies Are Created Equal
In a recent decision, the Supreme Court of British Columbia has clarified the property interests that may arise when a property is held in joint ... Continued
Deliberate Alterations to a Will: Levesque Estate (Re), 2019 BCSC 927
A recent decision shows how the Court may find a will-maker’s handwritten changes to be legally effective. Whiting a Beneficiary Out of a Will In ... Continued
Successful Result in Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of ... Continued