The Art of the Self-Deal: What Personal Representatives Need to Know
By Gordon Behan and Harman Kang An executor or administrator of an estate “self-deals” when they purchase the assets of the same estate for which ... Continued
Posthumous Conception: How Does This Affect My Estate?
By Zachary Murphy-Rogers and Vivian Thieu Our society’s understanding of what constitutes “family” is everchanging, especially in light of our appreciation and recognition of the ... Continued
Would a British Columbia Court R-E-S-P-E-C-T Aretha Franklin’s Handwritten Will?
By Dani Gorelov and Zachary Murphy-Rogers. A jury in Michigan decided that a notebook with scribbles found in Aretha Franklin’s couch is valid as the ... Continued
The Importance of Written Consent: Removal and Use of Human Reproductive Materials After Death
By Jeannette Aucoin and Shiona Nickel In 2020, the BC Court of Appeal considered an important issue concerning the removal and use of human reproductive ... Continued
Wills Causing Spills: Caution – Pour-Over Clauses are Void in B.C.
By Pavneet Grewal and Zachary Murphy-Rogers If you are or know someone who moved to British Columbia and has a U.S.-style ‘pour-over will’, we strongly ... Continued
Probate Fee Avoidance: The Potential Benefits and Challenges of Using Multiple Wills
By Tadhg Bradford and Zachary Murphy-Rogers You may be familiar with the term “probate”. Probate is the process through which the BC Supreme Court issues ... Continued
Amy Mortimore Published in the Society of Trust and Estate Practitioners’ STEP Inside
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 ... Continued
WATCH: People’s Law School Webinar | Dealing with Problem Executors
Being an executor is a demanding role. But if you depend on an executor to deal with an estate, you may find yourself frustrated and ... Continued
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 | People’s Law School: Dealing with a Problem Executor
Join Clark Wilson Estates & Trusts lawyers Amy Mortimore and Zachary Rogers as they present at the People’s Law School‘s complimentary webinar, “Dealing with a Problem Executor” on Tuesday, December ... 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