WESA - One Year (and a Few Months) Later 2015


Course Date: June 5, 2015

Welcome and Introduction

Fiona Hunter — Horne Coupar, Victoria

The New Rules: How are they Working so Far?

  • practical tips on dealing with the forms 
  • is it easier to pass accounts?
  • Notice of Disputes: are they working?

Emma A. McArthur Farris, Vaughan, Wills & Murphy LLP, Vancouver and Victoria

Top Ten Tips/Traps from the Probate Registry

  • top 10 common reasons appplications are rejected
  • top 10 suggestions for a better application
  • anatomy of a basic probate application

Scott Wheeler  Deputy District Registrar, Court Services, Ministry of Justice, Victoria

Networking Break

The Intersection Between the WESA and the FLA: Advising Will Makers and Executors

  • property rights on and after separation
  • meaning of a “beneficial interest in property”
  • trust interests that are included as family property
  • excluded discretionary trust interests
  • valuing a beneficial interest in a trust
  • protecting family legacy assets from claims by the spouses of intended heirs—can it be done?

Carmen S. Thériault, QC Bull, Housser & Tupper LLP, Vancouver

Wills Variation Issues and Practice Update

  • are courts/will courts treat spousal claims differently in light of the FLA property division
  • role of executors in wills variation claims
  • costs awards
  • update on interesting cases

Patrice B. Newman — Horne Coupar, Victoria

Networking  Lunch

The Identifiable Testamentary Intention: Holograph Wills and Other s. 58 Records

  • case law on validity of holograph wills
  • indicators of testamentary intention

Alison Oxtoby — Entrust Law Group LLP, Kelowna              

The Elusive Testamentary Intention: Advising the Executor and Others on s. 58

  • how to find and identify the elusive testamentary intention
  • what to do with it

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

Networking Break

Potpourri of Practical Strategies

  • distribution of estates without representation grant
  • appointing and removing personal representatives
  • the intestacy provisions in practice

Amy A. Mortimore Clark Wilson LLP, Vancouver