Did the 2016 BC Budget Put “Bare Trust” Planning in Jeopardy?
A “bare trust” is a useful tool in estate planning. It is used to document the intention of a legal owner to hold title of an ... Continued
Solicitor-Client Privilege and the Wills Exception
Solicitor-client privilege is a “fundamental civil and legal right”1 which ensures that communications between lawyer and client are strictly confidential. Neither the lawyer nor the ... Continued
What happens if a gift made in a will can’t take effect?
In drafting a will, it is important to consider how future events may impact an estate plan. The concepts of lapse and ademption are two ... Continued
End of Life Health Care Planning – Be Careful What You Wish For
Editor’s note: We are delighted to welcome Geoff White as counsel with our Tax & Estate Planning and Wealth Preservation Groups. Geoff is a highly ... Continued
Compulsory Capacity Assessments in British Columbia
Remarkable advancements in medical care over the past decades have significantly increased the life expectancy of Canadians. However, with this increase in longevity come the ... Continued
Trusts: Common Attacks on their Validity & How to Avoid Them
An inter vivos trust (such as a family trust) is created when an individual (called the settlor) transfers property to a trustee to be held ... Continued
Dispensing Power of the Court under WESA
The Wills, Estates and Succession Act (“WESA“) is now in force, and we are beginning to see its application in our estate practice. One of ... Continued
Special Release – Wills, Estates and Succession Act
British Columbia’s new Wills, Estates and Succession Act (WESA) and accompanying new probate rules come into force on March 31, 2014. WESA replaces the Wills ... Continued
The Forgotten Will on Spousal Separation
One of the unfortunate realities of marriage breakdown is that the spouses often do not promptly update their estate plans to reflect the dramatic changes ... Continued
Undue Influence: New Law Shifts Burden of Proof
Making a valid will requires not only that the will-maker has the mental capacity to understand what they are doing, but also that the will ... Continued
Clark Wilson LLP Welcomes Former Madam Justice Marion J. Allan
Clark Wilson LLP is pleased to announce that Former Madam Justice Marion J. Allan has joined our Wealth Preservation, Estate & Trust Litigation, Alternative Dispute ... Continued
Dealing with Digital Assets in an Estate
The term “digital assets” is used in different ways by different people. In a broad sense, digital assets include all of the electronic “possessions” an ... Continued