Clark Wilson Lawyers Named in the 2022 Canadian Legal Lexpert Directory
Clark Wilson is proud to share our team’s rankings in the 2022 Canadian Legal Lexpert Directory®, a distinction based on an extensive peer survey process ... Continued
No need for “encyclopedic knowledge” when a will-maker recounts their assets
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 (“Quaggiotto”) helps to clarify the level of knowledge courts expect a ... Continued
The Third Party Beneficiary Rule: Claims By Disappointed Beneficiaries Against A Solicitor
Generally, a solicitor who accepts instructions to draft a will owes a legal duty of care to an intended beneficiary under that will. This duty ... Continued
Suspicious Circumstances – Bhalla Estate, 2017 BCSC 1867
In British Columbia, there are three requirements for making a valid will: the will must be validly executed in accordance with requirements set out in ... Continued
Court Compels Individual To Undergo Mental Capacity Assessments
A “committee” is a legal guardian, appointed by the court, to act for an individual who has reduced capacity. A “committee of estate” acts for ... Continued
Legal Trend: evidence of testamentary intent can ‘save’ otherwise invalid wills or gifts
Background The recently reported case of Bach Estate (Re)[1] is the first decision to rule on section 43 of the Wills, Estate and Succession Act[2] ... Continued
The law on out of province Litigation Guardians in BC
Under the BC Supreme Court Civil Rules (“SCCR”) a proceeding brought by or against a person under legal disability must be started or defended by ... Continued
Committeeship Applications: the Uragi Case
A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or ... Continued
Alzheimer’s Patient Lost Right-to-Die Despite Expressed Wishes
BCCA upholds ruling that legislature did not intend to allow previously expressed wishes to be relied on to refuse basic personal care necessary to preserve life.
Making Advance Health Care Decisions – Getting Started
BC government publishes a comprehensive guide to help start your advance health care plan.
Are there new Amendments coming to the Adult Guardianship Act?
Amendments will affect appointments of the PGT and the ways adults may challenge their certification
Does the Public Guardian and Trustee Charge Fees?
The PGT is partially funded by the fees it collects.