Resolution of Estate Litigation
It is evident that a testator will be inviting conflict and discord to the family if he or she does not discharge basic moral parental ... Continued
Is dementia included as a mental health disease under the Mental Health Act R.S.B.C. 1996, c.288
Under the Mental Health Act, R.S.B.C. 1996, c.288 (“MHA”), is dementia included as a mental health disease? The MHA does not define “mental health disease”, ... Continued
Wills Variation Act and Fraudulent Conveyances
While there is a general common-law principle that a testator should be free to arrange for the distribution of his or her assets upon death, ... Continued
New Insurance Product for Lay Executors
Earlier this year, a new insurance product, ERAssure was launched and is now available in BC. While errors and omissions insurance has long been available ... Continued
Legislative Changes Impact Incapacity Planning
In 2007, the provincial government introduced the Adult Guardianship and Planning Statutes Amendment Act which has subsequently been amended several times. Parts of that Act ... Continued
Pre-Emptive Strike: Restricting Attacks on the Trust
The great American legal scholar Austin Scott, in the introduction to his seminal work on the Law of Trusts, pronounced, without a hint of qualification, ... Continued
Statutory Notice Provisions to Beneficiaries Under Estates
Relevant provisions of the British Columbia Trustee Act and Estate Administration Act and the Ontario Trustee Act are contained in Schedule “A” to this memo. ... Continued
Retention of Estate Planning Files
The importance of creating and retaining an adequate solicitor’s file in the context of estate planning is shown quite graphically in the 1996 Ontario decision ... Continued
Estate Planning: A Litigator’s Perspective
This paper was presented by Amy Mortimore at the Pacific Business & Law Institute Estate Planning: Current News & New Legislation seminar, held January 27, ... Continued
Testamentary Capacity Issues
In England, the jurisdiction which esteemed individual property rights, it was recognized early on that a will made by a person not of “sound” mind ... Continued
Adam Dlin and Veronica Franco join the partnership
We are pleased to announce that Adam Dlin and Veronica Franco have joined the partnership at Clark Wilson LLP. Adam practices within our Business Succession, ... Continued
Family Law Considerations in Estate Planning
These materials were prepared by David W. Buchanan, Q.C. of Clark Wilson LLP, Vancouver, B.C. for a conference on Essentials of Estate Planning held in ... Continued