Zachary Murphy-Rogers

Zachary is a full-service solicitor and litigator, practicing in the areas of Wills, Estates & Trusts; Charities and Not-for-Profits; and Elder/Adult Guardianship Law.

Zachary assists clients in preparing estate and incapacity plans and in the administration of estates of deceased individuals. His estate planning clients range from young professionals looking to establish their first foundational estate plan, to retired individuals looking to ensure that their estate plans are probate fee minimizing, tax efficient, and litigation resistant. His estate administration clients range from first-time executors, to professional fiduciaries and trust companies. In all cases, he is able to simplify complex legal principles to ensure that the decisions his clients make are well-informed.

Estate Planning & Administration Services

• Estate planning advice and drafting of wills and trusts
• Incapacity planning advice and drafting of enduring powers of attorney, representation agreements, nominations of committee, and advance directives
• Estate and incapacity planning for persons with disabilities, or for persons who wish to name persons with disabilities as beneficiaries (i.e.: disability or “Henson” trust planning)
• Estate planning for persons or couples pursuing assisted reproductive technology, including in vitro fertilization and/or surrogacy, and documenting ownership, advanced consent and future use of human genetic material (sperm, ova and/or embryos)
• Estate planning for persons with digital assets, including cryptocurrencies and non-fungible tokens, as these assets often require special considerations
• Estate and trust administration services, including probate and non-probate solutions
• Advising beneficiaries (or potential beneficiaries) of their rights in regard to a will, trust or estate
• Dealing with foreign grants of probate, including grant resealing, and the administration of local and foreign assets (including complex multi-jurisdictional estate administrations)
• Advising executors and trustees regarding their duties and obligations to beneficiaries
• Advising executors, trustees, and beneficiaries regarding the passing of accounts and remuneration

Whether it is a client’s first time going through the litigation process or the tenth, it can be an intimidating, confusing and emotionally draining experience. Zachary recognizes that his clients want practical, cost-effective advice and solutions tailored to their unique needs, and he is committed to finding creative and appropriate solutions to resolve legal disputes.

Never one to shy away from a challenging case, Zachary has successfully navigated the litigation process from start to finish for numerous clients. He has represented their interests in the Provincial Court of British Columbia, British Columbia Supreme Court, and the British Columbia Human Rights Tribunal. His competitive edge and ability to distill complex legal concepts into clear, step-by-step solutions give clients the confidence they need when dealing with stressful situations.

Zachary’s analytical mindset allows him to effectively evaluate large amounts of data and handle all aspects of the litigation process. This includes case management and client reporting, pleadings, document production and analysis, examinations for discovery, expert engagement, chambers applications, settlement negotiations, mediations, and, when necessary, trial.

Estate & Trust Litigation Services

• Wills variation claims (to address disinheritance or unfair distributions, and to amend wills that failed to include disability or “Henson” trusts for beneficiaries who are persons with disabilities
• Will invalidity claims, including by reason of undue influence or incapacity of the will-maker
• Abuse of powers of attorney claims
• Executor and trustee compensation disputes
• Contested and uncontested passing of executor and trustee accounts and remuneration applications
• Removal of executor and trustee applications
• Contested and uncontested committeeship applications
• Unjust enrichment claims
• Breach of trust claims
• Interpretation of wills applications
• Cremation, burial and other human remains disputes
• Presumption of death applications (where a missing person is presumed dead, even though no body/remains has been found)

Zachary is motivated by the opportunity to impact the lives of his clients, colleagues and community members through his law practice.

Zachary is a member of Clark Wilson’s Student Recruiting Committee.