Emily Clough’s case at B.C. Court of Appeal appears in The Lawyer’s Daily
A court should not force an elderly person to undergo a medical examination to determine mental capacity. Mental capacity should be presumed. That was the ... Continued
Emily Clough appointed to BC Law Institute’s Board of Directors
Emily Clough has been appointed to the Board of Directors of the British Columbia Law Institute (BCLI). The BCLI carries out scholarly research, writing and ... Continued
When to change your will
Often, after a will has been made, the circumstances that led a person to make their estate plan in a particular way will change, and ... Continued
Canadian courts espouse different tests for recognizing spouses: An update
In a recent article on our Estates & Trusts Blog, we considered what constitutes a spousal relationship under section 2 of B.C.’s Wills Estate and ... Continued
Canadian Courts Espouse Different Tests For Recognizing Spouses
Under B.C.’s Wills Estate and Succession Act, SBC 2009, c 13 (“WESA”), a spouse has an interest in a deceased’s estate if the deceased dies ... Continued
Caring for aging parents, and why those promises should be in writing
Planning for the care of elderly parents among family members often comes with promises. Some of these promises involve one sibling giving up part of ... Continued
The Third Party Beneficiary Rule: Claims By Disappointed Beneficiaries Against A Solicitor
Generally, a solicitor who accepts instructions to draft a will owes a legal duty of care to an intended beneficiary under that will. This duty ... Continued
Estop and Think Before Relying on Future Estate Interests: An Update
Previously, in May of 2016, our firm discussed the decision of Cowper-Smith v Morgan, 2016 BCCA 200 [Cowper-Smith], which signaled a return to a stringent ... Continued
Congratulations to Clark Wilson’s new partners
We’re pleased to announce the appointment of two new partners: Areet Kaila and Brendan Morley. Their work and results in their respective practices continue to ... Continued
Suspicious Circumstances – Bhalla Estate, 2017 BCSC 1867
In British Columbia, there are three requirements for making a valid will: the will must be validly executed in accordance with requirements set out in ... Continued
The (Not So) Simple Contract: Mental Capacity & The Act of Marriage
Emily Clough and Michael Larsen recently presented their paper “The (Not So) Simple Contract: Mental Capacity & The Act of Marriage” at the Canadian Elder ... Continued
Can an Executor be Held Liable For Not Following the Burial Wishes of a Deceased Person?
The Duty To Follow The Wishes of The Deceased and “CIFSA” Upon the death of an individual in British Columbia, unlike other Canadian jurisdictions, there ... Continued