Dignity and autonomy are fundamental rights in Canada. They are rights protected by our Canadian constitution and proclaimed in various laws throughout Canada. The ability to make our own decisions and preserve our independence is the most valuable moral right that we carry as people. This is the steering principle of Emily’s practice as she helps our clients through what can become the most stressful and emotional tasks of their lives.

Emily passionately advocates for clients as they deal with any type of incapacity or estate matter. She assists clients in preparing estate and personal plans, in administering the estates of a deceased and in litigating any matter regarding estates and trusts.

Estate & Trust Litigation Services

Litigation involving the Wills Variation Act, the Wills, Estates and Succession Act, testamentary capacity, capacity to marry, capacity to make a gift, undue influence, breaches of trust, trust variation applications, unjust enrichment, resulting trusts and proprietary estoppel
Injunctions to prevent dissipation of assets
Contract and shareholder disputes, including corporate oppression matters, shareholder disputes, rectification of corporate records and mistakes

Estate Planning & Administration Services

Estate planning advice regarding wills, power of attorney instruments, representation agreements, nominations of committee, advance directives and trusts (alter ego trusts, joint spousal trusts, inter vivos trusts)
Estate administration, including probate, administration and passing of accounts

Committeeship/Guardianship Services

Contested and uncontested committeeship applications and trials
Applications regarding whether a person must be forced to undergo involuntary mental capacity assessments

Emily recognizes the law’s flexibility. She cuts through its complexity by converting its sometimes archaic legal concepts into practical strategies crafted to meet our clients’ goals.

As a sought-after voice in her field, Emily has been asked to prepare and present many seminars on the issues of estates and incapacity, including for the Alzheimer’s Society, the Continuing Legal Education Society of BC and the Canadian Bar Association. She educates other practitioners on planning, administrating and litigating estate matters. In particular, she worked with the Alzheimer’s Society to develop and present a seminar on working with clients with incapacity issues and protecting the rights of vulnerable adults.

Emily continues to provide service back to the community. She regularly volunteers to prepare wills and personal planning documents for low-income seniors. She provides free educational seminars regarding estates and incapacity to help foster the dignity and autonomy that all adults deserve.

*Emily L. Clough Professional Law Corporation
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Industry Involvement
  • Canadian Bar Association, Member
  • Wills and Trusts section of the Canadian Bar Association, Member
  • Canadian Association of Gift Planners, Vancouver Roundtable Board, Former Member
  • BC Law Institute, Board of Directors
Community Commitments
  • Access Pro Bono Wills Clinic Project, Volunteer
  • Regular contributor to educational programs of the Alzheimer’s Society
Education & Call to Bar
  • Call to Bar: British Columbia, 2009
  • Judicial Law Clerk – Supreme Court of British Columbia, 2007-2008
  • Juris Doctor, University of Victoria, 2007
  • Bachelor of Arts (with Honours), Gonzaga University, 2001
External Publications & Presentations
  • May 2017, “The use of joint tenancies and beneficiary designations in estate planning”, Continuing Legal Education Society of BC (CLEBC), Speaker
  • April 2017, “Contested Committeeships”, Trial Lawyers Association of British Columbia, Speaker
  • February 2017, “Estate Planning Considerations of Your Charitable Gift”, Canadian Association of Gift Planners, Speaker
  • 2010 – 2017, Presentations to the Alzheimer Society of British Columbia on personal and estate planning
  • August 2016, “New Law, New Issues: End of life planning in a changing legal landscape”, Canadian Bar Association (CBA), Speaker (regarding new federal legislation on Medical Assistance in Dying)
  • July 2016, “End of Life”, CISL 650, Speaker
  • February 2016, “Section 58 & 59 of WESA: A practical guide to curing deficiencies and rectifying mistakes”, CLE, Speaker
  • June 2015, “Your Client Has Dementia — Now What? Ethics and Practice Tips to Minimize Risk”, Seminar for CLEBC TV and Alzheimer Society of British Columbia, Speaker
  • May 2017 and January 2015, “The Basics of Wills and Estate Planning – How to Develop a Wills and Estates Practice”, CLEBC, Speaker
  • October 2014, Presentation to the Canadian Association of Gift Planners on the Wills, Estates and Succession Act
  • October 2014, “The Incapable Spouse” , CLEBC, WESA for Family Law Lawyers, Speaker
  • CLEBC Annotated Estates Practice, “Power of Attorney Act” and “Civil Rules”, Contributing Author