Estate Litigation Basics 2012
Course Date: November 2, 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
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solicitor/client privilege before and after death
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in what circumstances should the privilege be waived, and by whom?
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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
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