Wills Variation Act Planning
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
Incapacity in the Context of Executing a Will
Professionals assisting an individual with planning his or her estate can be faced with the issue of testamentary capacity. As was once said in a ... Continued
Estate Dispute Resolution Seminar
A cursory review of legal texts could give the impression that this area of the law is subject to technical and sometimes dry legal principles ... Continued
Court’s Discretion to Correct Wills Enhanced Under New Act
British Columbia’s Wills Act contains many technical requirements for executing a will. While these rules are designed to protect against fraud, they can also create ... Continued
2011 Annual Review of Law and Practice
The 20th edition of the CLE BC Annual Review of Law & Practice has been released, with contributions from several Clark Wilson lawyers. Allyson Baker, ... Continued
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
2010 Annual Review of Law and Practice
The 19th edition of the CLE-BC Annual Review of Law & Practice has been released, with contributions by Clark Wilson lawyers. Allyson Baker, Glen Boswall, ... Continued
Lien Times for Lenders: Plan with Care
From time to time, we receive questions about court decisions from other provinces. One Ontario case which has garnered some interest in British Columbia is ... Continued
Saying “I Do” Can Impact Your Will
In British Columbia today, many couples choose to live in a common law relationship, without legally marrying. They often refer to one another as his ... Continued
Court Provides Deference To Agreements Between Deceased And Widow
In a recent decision of the British Columbia Supreme Court, the agreement between the deceased and his widow as to their financial arrangements and lifestyle ... Continued
Court Of Appeal Confirms No Requirement To Post Security For Costs
As reported earlier, the Supreme Court of British Columbia held that, when making a “section 24 application” to remove a Claim of Builders Lien by ... Continued
Builders Liens and Security for Costs
A recent decision of the BC Supreme Court has provided some good news for owners who wish to post security to have a claim of ... Continued