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
Estate Taxes? Not Here
Many countries around the world levy a tax on the transfer of wealth that occurs when a person dies, referred to as an estate tax, ... Continued
Shedding light on the Court’s role in adult guardianship matters
As the population ages, we see more adults in need of assistance to manage their financial affairs or personal care decisions. As lawyers, we are ... Continued
What is a Fiduciary and When do You Become One?
You may have heard the term “fiduciary” many times, but what does it mean exactly? The term “fiduciary” originates from the Latin word fiduciarius, meaning ... Continued
Severing Joint Tenancy Through a Course of Dealing
Joint tenancy is one method by which two or more persons may hold land or other property. The unique feature of holding property as joint ... Continued
Executors and Corporate Remedies
Not uncommonly, Executors (or Administrators) find themselves in the position of a minority shareholder of a private company. For example, the deceased may have had ... Continued
How Does the Court Interpret An Unclear Will?
In an ideal world, all people would have a clear and unambiguous will in place at the time of their death; however, this is not ... Continued