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
Estop and Think Before Relying on Future Estate Interests: An Update
Previously, in May of 2016, our firm discussed the decision of Cowper-Smith v Morgan, 2016 BCCA 200 [Cowper-Smith], which signaled a return to a stringent ... Continued
Congratulations to Clark Wilson’s new partners
We’re pleased to announce the appointment of two new partners: Areet Kaila and Brendan Morley. Their work and results in their respective practices continue to ... 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
The (Not So) Simple Contract: Mental Capacity & The Act of Marriage
Emily Clough and Michael Larsen recently presented their paper “The (Not So) Simple Contract: Mental Capacity & The Act of Marriage” at the Canadian Elder ... Continued
Can an Executor be Held Liable For Not Following the Burial Wishes of a Deceased Person?
The Duty To Follow The Wishes of The Deceased and “CIFSA” Upon the death of an individual in British Columbia, unlike other Canadian jurisdictions, there ... Continued
Private Company Tax Proposals: Consequences for Trusts and Estates
Our prior posts in this series gave an overview of the government’s consultation paper, and outlined the paper’s proposals to limit the lifetime capital gains ... Continued
Converting Income into Capital Gains
This is the fifth in a series of posts arising out of the Liberal Government’s paper “Tax Planning Using Private Corporations.” In addition to proposals ... Continued
Tax proposals affecting private companies and their shareholders: income splitting
This is the third in a series of posts arising out of the Liberal Government’s paper “Tax Planning Using Private Corporations.” In the first post ... Continued
Predatory marriage set aside for mental incapacity
Emily Clough, a partner in our Estates & Trusts group, was successful counsel for the plaintiff in a complex and precedent-setting case released yesterday by ... Continued
New Limitations on the Lifetime Capital Gains Exemption
This is the second in a series of posts arising out of the Liberal Government’s paper “Tax Planning Using Private Corporations.” The Income Tax Act ... 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