Basics of Wills & Estate Planning 2025
Course Date: November 4, 2025
Total: 11h 33min
Total Ethics: 2h 33min
Course Date: November 4, 2025
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Aubrie Girou — Alexander Holburn Beaudin + Lang LLP, Vancouver
- what is an estate plan?
- what are the goals of estate planning?
- what are the components of a typical estate plan?
- specific issues to be considered:
- foreign property
- multiple wills
- taxation
- blended families
- client notes, draft, and letters
- First Nations wills
- remote witnessing
- the role of the lawyer
- preliminary information gathering
- the client interview
- difficult and/or challenging clients
- assessing capacity and undue influence
- post-interview steps
- fundamental tax concepts
- types of income
- taxation of capital gains
- tax consequences of death
- registered plans on death (RRSPs, RRIFs, TFSAs, FHSAs)
- inter vivos transfers and gifts
- taxation of trusts
- attribution rules
- post-mortem planning strategies to minimize tax
- property disposable by a will
- preparing your standard will
- drafting considerations
- common drafting errors
- technical requirements for formal execution
- other planning tips and traps
- preparing your standard probate application
- probate fees
- time factors
- implications for the estate plan
- s. 58 and s. 59 WESA
- interim authority
- disclosure
- when a request is appropriate
- disclosure vs. court order
- how to make disclosure requests
- being an effective advocate in mediation
- communication, valuation, and taxation
- skillful negotiation—informed, not haphazard or ritualistic
- yes! mediation can settle that nightmare case
- key ethical point
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Aubrie Girou — Alexander Holburn Beaudin + Lang LLP, Vancouver
- suggestions for an effective chambers application
- pointers for trial preparation
- common complaints about lawyers in wills and estate planning
- ways to avoid complaints
- complaint process and responding to the Law Society
- statistics of wills and estates claims
- common claims
- risk management tips
- cyber fraud
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver
Maryanne Prohl — Director, Risk Management, Lawyers Indemnity Fund, Law Society of BC, Vancouver
- planning opportunities
- possible problem and pitfalls
- "true" joint tenancies vs. "false: joint tenancies
- review of recent cases
- insurance (life insurance, trusts)
- RRSPs/RRIFs
- TFSAs
- RESPs
- planning for incapacity with respect to financial affairs
- planning for incapacity with respect to health care
- dealing with incapacity where there is no plan
- power of attorney, representation agreement, advance directive, living will
- trust planning for persons with disabilities
- how to choose the right trust: inter vivos or testamentary
- constituting a trust
- components of a well drafted trust
- commonly used inter vivos trusts
- spouse trusts
- alter ego and joint partner trusts
- commonly used testamentary trusts
- spouse trusts
- trusts for minors and young adults
- trusts for disabled beneficiaries
- some practical challenges in settling trust property
- what constitutes "adequate provision"
- reasons for disinheritance
- competing claims by adult children
- competing claims between spouse and children
- blended family claims
- role of executor
- costs
- spousal qualification
- the assessment of the legal obligation under the Family Law Act
- family property and excluded property
- competing claims
- wills variation and proof of will proceeding
- wills variation and resulting trust claims
- procedure for bringing all claims at the same time
- effective use of a will in contentious circumstances
- memorandum of reasons
- ethical issues relating to planning to avoid variation claims
Aubrie Girou — Alexander Holburn Beaudin + Lang LLP, Vancouver
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Paper: Overview of Estate Planning
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Slides: Law Society of BC Professional Conduct and Avoiding Complaints
Handout: Practice Resource: Joint Retainer Letter
Handout: Practice Resource: Navigating requests for your deceased client’s file
Handout: Practice Resource: Top Ten Tips for Lawyers drafting wills and administering estates
Handout: Resource Link: Wills & Estates Lawyers: Claims hit an all-time high in 2023
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