Estate Litigation Basics for Lawyers 2010
Course Date: October 8, 2010
Course Date: October 8, 2010
Welcome and Introduction
Amy D. Francis — Legacy Tax +Trusts Lawyers, Vancouver
View From the Bench
The Honourable Madam Justice N. Victoria Gray — Supreme Court of British Columbia, Vancouver
Contested Committeeships
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medical evidence
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views of the proposed patient
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costs
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Adult Guardianship Act
Chelsea D. Wilson — Ramsay Lampman Rhodes, Nanaimo
Networking Break
Challenging Inter Vivos Transfers and Beneficiary Designations
- incapacity
- undue influence
- resulting trusts
- secret trusts
- constructive trusts
- fraudulent conveyance
Stanley T. Rule — Sabey Rule LLP, Kelowna
Construction of Wills
- armchair rule
- Doctrine of Cy-pres
- unborn contingent beneficiaries
- costs
Edward F. Macaulay — Edward F. Macaulay Law Corporation, Vancouver
Lunch (on your own)
Wills Variation Act
- history and overview of the Wills Variation Act
- balancing competing claims between spouses and children
- costs awards in Wills Variation Act cases
Amy A. Mortimore — Clark Wilson LLP, Vancouver
Practicing Estate Litigation: Expert Panel
- managing estate clients and their expectations
- organizing an estate case to avoid conflicts and negligence
- addressing practice challenges unique to estate litigation
Roger D. Lee — Davis LLP, Vancouver
Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver
Megan Swail — Lawyers Insurance Fund, Law Society of BC, Vancouver
Networking Break
Probate Actions and the Rules of Court
- challenges to the validity of a will
- impact of the new Civil Rules
- costs in probate actions
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Dealing With the Problem Executor
- duties of executors—accounting requirements
- strategies to resolve disputes without a hearing
- the Registrar’s hearing—what to expect
Kimberly-Anne Kuntz — Bull, Housser & Tupper LLP, Vancouver
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