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.

As Chair of our Elder Law group, Emily advocates on behalf of older adults and adults with cognitive impairment. She frequently acts as counsel in matters regarding adult guardianship, the Patients Property Act, the Adult Guardianship Act, and the Mental Health Act. She assists clients in navigating issues of elder abuse, including dealing with the Public Guardian and Trustee, the health authorities, the police, and the courts.

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
  • BC Law Institute, Board of Directors, 2018-present
  • Canadian Bar Association, Member
  • Wills and Trusts section of the Canadian Bar Association, Member
  • 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
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 Seminars, Presentations & Publications
  • “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)