Emily Clough is a partner at Clark Wilson LLP. She is the key contact for Elder Law matters. In 2020, Emily was recognized with the distinction as being one of the Best Lawyers in Canada for Trusts and Estates.

Emily works in all aspects of estates, trusts and incapacity matters, as both a solicitor and a litigator. Emily prepares estate, trust and incapacity planning documents. She assists with the administration of estates and probate. Emily has been lead litigation counsel on cases at all levels of Court regarding estates, variations of wills, trustee duties, power of attorney duties and removal, and elder abuse. She has acted as counsel in cases that have set new precedents in British Columbia, including on wills variation and the incapacity to marry. Her cases have received national coverage by the Globe & Mail and the CBC. In 2019, Emily was recognized as a nominee for the YWCA Women of Distinction Award, recognizing her as a leading elder law practitioner.

Emily volunteers her time to promote and develop the law. Emily is the elected Chair of the British Columbia Law Institute and the Canadian Centre for Elder Law, independent law reform agencies carrying out scholarly research, writing and analysis. Emily is the President of Health Justice, a human rights-focused non-profit organization working to improve BC laws and policies of coercive health care, particularly under the Mental Health Act. Emily is a member-at-large of the CBA National Elder Law Subsection.

Emily volunteers her time to prepare wills and incapacity planning documents for low income seniors, through Access Pro Bono. Emily is the Chair of the Pro Bono program at Clark Wilson. She is a member of the Ethics Committee at Clark Wilson, guiding lawyers on their ethical duties to their clients, the profession, the Courts and the public.

Emily is committed to education, both furthering her own knowledge and providing educational seminars to lawyers and the public. Emily authors chapters for Continuing Legal Education of British Columbia books on estate related matters. Emily presents regularly at conferences, particularly regarding elder law and incapacity matters. She has presented seminars at the Canadian National Elder Law Conference. Emily regularly volunteers and provides seminars to the Alzheimer Society. Emily 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.

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

 

Awards & Distinctions
  • Best Lawyers in Canada, Trusts and Estates, 2021
*Emily L. Clough Professional Law Corporation
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  • Successful counsel for the plaintiff in a complex and precedent-setting case wherein a marriage was set aside due to mental incapacity: Devore-Thompson v. Poulain, 2017 BCSC 1289 and Devore-Thompson v. Poulain, 2018 BCSC 97
 
  • Emily Clough was featured on CBC’s The Current with Anna Maria Tremonti, where she discussed her precedent-setting case, Devore-Thompson v. Poulain, and predatory marriage generally. Click here to listen to the broadcast.
 
  • Successful counsel in the Court of Appeal for British Columbia regarding incapacity matters: Serban v. Serban, 2018 BCCA 166
  • Successful counsel in a significant wills variation award: Wilson v. Lougheed, 2010 BCSC 1868
Industry Involvement
  • Health Justice, President, 2020 – present
  • BC Law Institute, Executive Committee, 2020 – present
  • BC Law Institute, Board of Directors, 2018 – present
  • National Academy of Elder Law Attorneys, Member, 2019 – present
  • Canadian Bar Association, Member
  • Canadian Bar Association, National Elder Law Subsection, Member-at-Large
  • Wills and Trusts section of the Canadian Bar Association, Member
  • Society of Trust and Estate Practitioners (STEP), Member
  • Alzheimer Society of British Columbia, Breakfast to Remember Committee
  • Canadian Association of Gift Planners, Vancouver Roundtable Board, Former Member
  • Moot Court Judge, UBC Law School 1L moot, 2012 – 2019
  • Moot Court Judge, TRU Law School 1L moot, 2017
  • Seminar, Legal Research and Writing, TRU Law School, 2017
Community Commitments
  • Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision Making, Project by Canadian Centre for Elder Law, Committee Member (2018-2019)
  • Health Care Consent, Aging and Dementia: Mapping Law and Practice in British Columbia, Project by Canadian Centre for Elder Law, Contributor (2018)
  • Access Pro Bono Wills Clinic Project, Volunteer (2012-2019)
  • Educational programs of the Alzheimer Society of British Columbia, including public presentations and education for staff regarding personal and estate planning, Regular Contributor
  • Legal and Ethical Framework Advisory Committee, Law Foundation of British Columbia and Alzheimer Society of British Columbia, Advisory Committee Member
  • Prepared and revised written training manuals for the Alzheimer Society of British Columbia, training their staff regarding estate and personal planning
  • “Great Debate”, fundraiser for the BCLI, Volunteer Debater (and two-time winner) (2010-2012)
  • Chronic Disease Self-Management 6-week course, University of Victoria, Program Leader and Trainer of the Leaders
  • Victoria Crisis Line, Volunteer
Professional Certifications
  • Trust and Estate Practitioner (TEP), Society of Trust and Estate Practitioners
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
Awards & Distinctions
  • Best Lawyers in Canada, Trusts and Estates, 2021
External Seminars, Presentations & Publications
  • Provincial Learning Event: Predatory Marriage“, BCCRN (TELECAST) (April 21, 2020)
  • “The Use of Joint Tenancies and Beneficiary Designations in Estate Planning” (seminar presented at CLEBC 2-day course Basics of Wills and Estates Planning, June 21, 2019)
  • “Elder Abuse in Today’s World” (seminar presented at Collaborative Divorce Vancouver 2-day course Older and Wiser: The Phenomenon of Grey Divorce, A Multi-Disciplinary Conference, May 24, 2019)
  • British Columbia Estate Planning & Wealth Preservation Practice Manual (Contributing author, Chapter 7: Part IV Estate Planning and Family Law, CLEBC, 2018-present)
  • Annotated Estates Practice (Contributing author, CLEBC): Fraudulent Conveyance Act annotations (2017 – present); Public Guardian and Trustee Act annotations (2017 – present); Representation Agreement Act annotations (2017 – present); Power of Attorney Act (2014-2016); Civil Rules (2014-2016)
  • British Columbia Probate and Estate Administration Practice Manual (Contributing author, CLEBC, 2011, 2019)
  • “Working through the Dementia Journey: A Practical and Legal Toolkit” (seminar presented to Odlum Brown, at the request of the Alzheimer Society of British Columbia, May 22, 2018)
  • “Children’s issues in estates” (seminar presented for Canadian Bar Association British Columbia, Wills & Estates subsection, March 27, 2018)
  • “Keeping the Litigators Out: Drafting Robust Family Law Agreements and Estate Plans” (seminar presented at TLABC Joint Family & Estates seminar: Dysfunctional Families, February 23, 2018)
  • “The Past, Present and Future of Common Law Test for Capacity to Marry” (seminar presented at Canadian Elder Law Conference – Day 2, November 3, 2017)
  • “FAQs on Wills and Estates” (seminar presented for Nidus Personal Planning Resource Centre and Registry, October 26, 2017)
  • “Contested Committeeships” (seminar presented to Fraser Valley Estate Planners Council, September 19, 2017)
  • “How to Develop a Wills and Estates Practice” (seminar presented at CLEBC course Basics of Wills and Estate Planning 2017, May 18, 2017)
  • “The Use of Joint Tenancies and Beneficiary Designations in Estate Planning” (seminar presented at CLEBC course Basics of Wills and Estate Planning 2017, May 18, 2017)
  • “Contested Committeeships – How Does the Court Determine What (or Who) is in the Patient’s “Best Interests”?” (seminar presented for TLABC course Essentials in Estate Litigation, April 7, 2017)
  • “Estate Planning Considerations of Your Charitable Gift” (seminar presented to CAGP Vancouver branch, February 16, 2017)
  • Presentations to the Alzheimer Society of British Columbia on personal and estate planning (2010 – 2017)
  • “New Law, New Issues: End of life planning in a changing legal landscape” (seminar presented to Canadian Bar Association British Columbia Elder Law Subsection, regarding new federal legislation on Medical Assistance in Dying, August 30, 2016)
  • “End of Life issues” (CISL 650, July 5, 2016)
  • “Issues in Estate Planning” (seminar presented to Vancouver Foundation, April 27, 2016)
  • “Section 58 & 59 of WESA: A Practical Guide to Curing Deficiencies and Rectifying Mistakes” (seminar presented at CLEBC course Estate Litigation Basics, February 26, 2016)
  • “How to Develop a Wills and Estates Practice” (seminar presented at CLEBC course Basics of Wills and Estate Planning, January 19, 2015)
  • “Be Careful What You Wish For: End of Life Planning in a Shifting Legal Landscape (seminar presented for Canadian Bar Association British Columbia, July 18, 2015)
  • “Your Client Has Dementia – Now What? Ethics and Practice Tips to Minimize Risk” (seminar written, developed and taught for CLE-TV and the Alzheimer Society of British Columbia, June 23, 2015)
  • Wills, Estates and Succession Act” (seminar presented to CAGP Vancouver branch, October 16, 2014)
  • “The Incapable Spouse” (seminar presented at CLEBC course WESA for Family Law Lawyers, October 17, 2014)
  • “Making your Workplace Dementia Friendly – information for Legal Professionals” (prepared and presented for Alzheimer Society of British Columbia, 2014)
  • “The Wills Variation Act – Update of Reported Decisions” (Estate Litigation – 2011 Update, CLEBC, November 2011)
  • Appeal: Review of Current Law and Law Reform (Academic Journal, Editor-in Chief, University of Victoria Faculty of Law, 2007-2008)
  • “A Critique of Advance Directives and Advance Directives Legislation” (Appeal: Review of Current Law and Law Reform, Vol 11, 2006 CanLIIDocs 114, 2006)