Estate Litigation Basics 2012

Course Date: November 2, 2012

Welcome and Introduction

Amy D. Francis — Legacy Tax + Trust Lawyers, Vancouver

Contested Committeeships

  • medical evidence
  • views of the proposed patient
  • costs
  • Adult Guardianship Act

Deidre J. Herbert — McLellan Herbert, Vancouver

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
  • Wills, Estates and Succession Act

Chelsea D. Wilson — Ramsay Lampman Rhodes, Nanaimo

Networking Break

Estate Administration Issues

  • tax and estate administration pitfalls to be aware of when settling a contentious estate

Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver

Fraudulent Conveyances and Inter Vivos Transactions

  • overview of recent Fraudulent Conveyance Act cases in the estate context

Stanley T. Rule — Sabey Rule LLP, Kelowna 

How Civility Can Make You More Effective For Your Client

Rhys Davies, QC — Davis LLP, Vancouver
E. Jane Milton, QC — Bull, Housser & Tupper LLP, Vancouver

Networking Lunch

Probate Actions

  • challenges to the validity of a will
  • caveats and citations
  • rectification of wills
  • costs in probate actions

Edward F. Macaulay — Edward F. Macaulay Law Corporation, Vancouver

Solicitor/Client Privilege in Estate Litigation

  • solicitor/client privilege before and after death
  • in what circumstances should the privilege be waived, and by whom?
  • how to address competing interests between personal representatives, beneficiaries, and other family members

Amy A. Mortimore — Clark Wilson LLP, Vancouver

Networking Break

The Final Word: Passing the Accounts in a Contentious Estate

  • enforcing the duty to account
  • streamlining process: prehearing conferences and other tools
  • scope of the hearing and the registrar’s jurisdiction
  • costs

M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver

Powers of Attorney: Uses and Abuses Under the New Act

  • duties of an attorney at common law
  • duties of an attorney under the new legislation
  • update of cases under the new Act

Andrew S. MacKay — Alexander Holburn Beaudin + Lang LLP, Vancouver