New Insurance Product for Lay Executors
Earlier this year, a new insurance product, ERAssure was launched and is now available in BC. While errors and omissions insurance has long been available ... 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
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
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
Estate Dispute Resolution Seminar
A cursory review of legal texts could give the impression that this area of the law is subject to technical and sometimes dry legal principles ... Continued
Court’s Discretion to Correct Wills Enhanced Under New Act
British Columbia’s Wills Act contains many technical requirements for executing a will. While these rules are designed to protect against fraud, they can also create ... Continued
2011 Annual Review of Law and Practice
The 20th edition of the CLE BC Annual Review of Law & Practice has been released, with contributions from several Clark Wilson lawyers. Allyson Baker, ... Continued
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
2010 Annual Review of Law and Practice
The 19th edition of the CLE-BC Annual Review of Law & Practice has been released, with contributions by Clark Wilson lawyers. Allyson Baker, Glen Boswall, ... Continued