Wills, Estates and Trusts Conference 2011: Estate Litigation Update

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

  • costs
  • common law spouses—who qualifies
  • solicitor’s file production
  • 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