Until Death Do We Part: Who Counts as Your “Spouse” When You Die?
By Lauren Liang Under British Columbia succession law, the spouse of a deceased would inherit a substantial portion, if not all of the estate, if ... 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
There is no Will – What Happens if my Minor Children Survive Me?
Author: Zachary Murphy-Rogers In our previous article, we discussed how the Wills, Estates and Succession Act (WESA) sets out a mandatory distribution scheme for estates ... 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
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
Executing Estate Planning Documents During COVID-19
Physical distancing protocols during the COVID-19 pandemic have complicated the execution process for wills (“Wills”), enduring powers of attorney (“EPOAs”) and representation agreements (“RAs”). Each ... Continued