Pre-Emptive Strike: Restricting Attacks on the Trust
The great American legal scholar Austin Scott, in the introduction to his seminal work on the Law of Trusts, pronounced, without a hint of qualification, ... Continued
Statutory Notice Provisions to Beneficiaries Under Estates
Relevant provisions of the British Columbia Trustee Act and Estate Administration Act and the Ontario Trustee Act are contained in Schedule “A” to this memo. ... Continued
Retention of Estate Planning Files
The importance of creating and retaining an adequate solicitor’s file in the context of estate planning is shown quite graphically in the 1996 Ontario decision ... Continued
Estate Planning: A Litigator’s Perspective
This paper was presented by Amy Mortimore at the Pacific Business & Law Institute Estate Planning: Current News & New Legislation seminar, held January 27, ... Continued
Testamentary Capacity Issues
In England, the jurisdiction which esteemed individual property rights, it was recognized early on that a will made by a person not of “sound” mind ... Continued
Adam Dlin and Veronica Franco join the partnership
We are pleased to announce that Adam Dlin and Veronica Franco have joined the partnership at Clark Wilson LLP. Adam practices within our Business Succession, ... Continued
Family Law Considerations in Estate Planning
These materials were prepared by David W. Buchanan, Q.C. of Clark Wilson LLP, Vancouver, B.C. for a conference on Essentials of Estate Planning held in ... Continued
Wills, Women and Multiculturalism
The recent film, Sense and Sensibility brought to the screen Jane Austen’s powerful critique of early 19th century English values and social customs. The film ... Continued
The Wills Variation Act: How It Can Impact You and Your Will
A general principle of law is that a person making a Will (a “Testator”) has the “testamentary freedom” to dispose of his or her property ... Continued
Wills Variation Act Planning
While there is a general common-law principle that a testator should be free to arrange for the distribution of his or her assets upon death, ... Continued
Missing Beneficiaries
Estate Administration Act, R.S.B.C. 1996, c. 22 67.1 (1) This section applies only if (a) the deceased died testate leaving a specific bequest of real ... Continued
Incapacity in the Context of Executing a Will
Professionals assisting an individual with planning his or her estate can be faced with the issue of testamentary capacity. As was once said in a ... Continued