Emily Clough

As the managing partner of one of Western Canada’s largest law firms, Emily’s leadership and strategic vision ensures that Clark Wilson delivers excellent service to our clients across Canada and around the globe. She is consistently recognized by her peers across the country as a Best Lawyer® in Canada for Trusts and Estates, and is a repeatedly recommended lawyer by Lexpert.

Emily has been lead litigation counsel on cases at all levels of Court. She has acted as counsel in cases that have set new precedents in British Columbia, including on wills variation and the incapacity to marry. Her cases have received national coverage by the Globe & Mail and the CBC.

In 2019, Emily was recognized as a nominee for the YWCA Women of Distinction Award, distinguishing her as a leading elder law practitioner. In 2021, our Estates & Trusts team was a Contentious Trusts and Estates Team of the Year finalist in the Society of Trust and Estate Practitioners’ international Private Client Awards.

In addition to her successful estates, trusts, and elder law practice, Emily routinely volunteers her time to promote and develop the law. She was the elected chair of the British Columbia Law Institute and the Canadian Centre for Elder Law, the independent law reform agencies carrying out scholarly research, writing, and analysis. Emily is the chair of Clark Wilson’s pro bono committee. In her spare time, Emily volunteers to help low-income seniors prepare wills and incapacity planning documents to ensure their final wishes are honoured. Emily is the vice president of Health Justice, a human rights-focused non-profit organization working to improve BC laws and policies of coercive health care, particularly under the Mental Health Act.

Emily is a sought-after author and speaker, routinely presenting at conferences on elder law and incapacity matters, and writing new chapters for the Continuing Legal Education Society of BC’s estate-related publications. As a frequent contributor to the Alzheimer Society, Emily presents seminars and workshops on incapacity issues and protecting the rights of vulnerable adults.

Estate & Trust Litigation Services

Litigation involving the Wills Variation Act, the Wills, Estates and Succession Act, testamentary capacity, capacity to marry, capacity to make a gift, undue influence, breaches of trust, trust variation applications, unjust enrichment, resulting trusts and proprietary estoppel

Injunctions to prevent dissipation of assets

Contract and shareholder disputes, including corporate oppression matters, shareholder disputes, rectification of corporate records and mistakes

Estate Planning & Administration Services

Estate planning advice regarding wills, power of attorney instruments, representation agreements, nominations of committee, advance directives and trusts (alter ego trusts, joint spousal trusts, inter vivos trusts)

Estate administration, including probate, administration and passing of accounts

Committeeship/Guardianship Services

Contested and uncontested committeeship applications and trials

Applications regarding whether a person must be forced to undergo involuntary mental capacity assessments