Wills, Estates and Trusts Conference 2011: Estate Litigation Update
Course Date: November 3, 2011
Course Date: November 3, 2011
Welcome and Introduction
Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver
Wills, Estates and Succession Act Impact on Litigation
Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver
Wills Variation Act Update
- recent cases
- inter vivos trust as a WVA avoidance tool
Andrew S. MacKay — Alexander Holburn Beaudin & Lang LLP, Vancouver
Estate Litigation Potpourri: Recent Law
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costs
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common law spouses—who qualifies
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solicitor’s file production
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Pecore issues
Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver
Networking Break
Pleading Estate Claims Under the New Rules
- proof of will in solemn form
- undue influence/coercion
- wills variation claims
- resulting trust and breach of trust claims
- unjust enrichment and quantum meruit
Patrice B. Newman — Horne Coupar, Victoria
Finding an Amicable Resolution: Judicial Settlement Conferences and Non-Judicial Mediation
- considerations in selecting the appropriate process
- the difference from commercial dispute mediation
- combining mediation and arbitration
- allowing the parties to have their say
- preparing the case for judicial settlement
The Honourable Madam Justice Mary A. Humphries — Supreme Court of British Columbia, Vancouver
Martin R. Taylor, QC — Hunter Litigation Chambers, Vancouver
Networking Lunch
Ethical Issues in Estate Litigation: Panel Discussion
This is a groundbreaking interactive session to discuss various ethical issues related to estate matters. You will be able to provide real-time input and interact with a panel as to how you believe particular ethical issues should be addressed. We encourage you to raise scenarios which you would like discussed, and the panel will address those scenarios during the presentation.
Roger D. Lee — Davis LLP, Vancouver
E. Jane Milton, QC — Bull, Housser & Tupper LLP, Vancouver
Contentious Account Passing
- proper account preparation
- preparing for the hearing
- pre-hearing conferences
- minors as beneficiaries
Amy D. Francis — Legacy Tax + Trust Lawyers, Vancouver
Registrar Kathryn S. Sainty — Supreme Court of British Columbia, Vancouver
Settlement of Estate Litigation
- releases, indemnities, and consents
- disclaimers and assignments
- court approval/confirmation of settlement
- costs considerations
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Networking Break
Delusions and Impact on Capacity
- what constitutes a delusion that affects capacity
- effect of a mistake of fact
- recent developments in the law
Stanley T. Rule — Sabey Rule LLP, Kelowna
Contested Committeeship Applications
- recent case law update
- effect of a nomination of committee
- costs in contested proceedings
- division of responsibility between committee of estate and person
Deidre J. Herbert — McLellan Herbert, Vancouver
Tax Essentials For Estate Litigators
- rules related to deemed disposition and spousal rollovers
- avoiding double tax for corporate interests
- ways to minimize tax in settlement arrangements
James P. Shumka — Legacy Tax + Trust Lawyers, Vancouver
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