First Impressions: Rectification of Wills at the Court of Appeal
By Polly Storey In August of 2021, we commented on Simpson v. Simpson Estate, 2021 BCSC 1486, a decision that considered, for the first time, ... Continued
Mark Weintraub, Q.C. and Polly Storey Published in The Advocate
Clark Wilson’s Estates & Trusts lawyers Mark Weintraub, Q.C. and Polly Storey‘s article, “Binding The Will-maker’s Conscience: Is it Time to Use the Good Conscience ... Continued
COVID-19 and the Curative Provision in WESA, s. 58: Bishop Estate v. Sheardown, 2021 BCSC 1571
In a recent decision from the Supreme Court of British Columbia, Justice Matthews had an opportunity to consider the impact of the COVID-19 restrictions on ... Continued
A Will-Maker’s Intentions Need Not Be Defeated by Delay: Simpson v. Simpson Estate, 2021 BCSC 1486
In a recent blog post, we commented s. 59 of the Wills, Estates and Succession Act (“WESA”), which permits a Court to correct a Will ... Continued
Clark Wilson Shortlisted for STEP’s Contentious Trusts & Estate Team of the Year
We are delighted to share that our Estates & Trusts group has been named as a finalist in the 2021 STEP Private Client Awards. With ... Continued
Sherman Estate: (Un)sealing Probate Files at the Supreme Court of Canada
In October, we commented on the case of murdered Toronto billionaires, Barry and Honey Sherman, which was on appeal to the Supreme Court of Canada. ... Continued
Rectifying Wills under WESA, s. 59: Jamt Estate (Re), 2021 BCSC 788
In 2014, British Columbia’s Wills, Estates and Succession Act (“WESA”) greatly expanded the Court’s power to cure deficiencies in a Will under section 58, and ... Continued
The Significance of Testamentary Documents
A recent decision from the BC Supreme Court highlights the special nature of testamentary documents, and the consequences that may result where an executor fails ... Continued
Where There’s a Will There’s a Way – Fulfilling a Donor’s Wish to Benefit Public Broadcasting
A recent BC Supreme Court decision shows that where there’s a will, the Court may find a way to give effect to a donor’s charitable ... Continued
A Tale of Two Spouses: Boughton v. Widner Estate
In a recent decision, the British Columbia Supreme Court grappled with an estate dispute where a deceased was survived by two spouses. This unique decision, ... Continued
Medical Assistance in Dying: A Step Forward in Ottawa
Last week marked a key step in Canada’s move towards a constitutionally-compliant framework for medical assistance in dying (“MAID”). For many years, it was a ... Continued
Privacy, Personal Safety, and Estates at the Supreme Court of Canada: The Case of Barry and Honey Sherman
Note: Since the date of this article, the Supreme Court of Canada has released its decision. You can find our latest update here Today, the ... Continued