Estate Litigation Update 2018
Course Date: November 16, 2018
Total: 5h 37min
Course Date: November 16, 2018
Welcome and Introduction
Helen H. Low, QC — Fasken Martineau DuMoulin LLP, Vancouver
Trusts in Family Law Claims
- the trust as a challenged asset in an FLA claim
- issues in acting for the trustees
- disclosure obligations related to trust property
Michelle L. Isaak – DLA Piper (Canada) LLP, Vancouver
Wills Variation Update
- what are contemporary community standards and have they changed since Tataryn
- how has Kish v. Sobchak, 2016 BCCA 65 been interpreted by lower courts considering spousal claims
- is there a change in the way courts are approaching claims of adult independent children
Amy D. Francis — Legacy Tax + Trust Lawyers, Vancouver
Break
Observations from Sitting in the Middle
- mediation is not a mini-trial
- adjusting your advocacy style
- does it matter who blinks first
- mediation models—what approach works for you?
- always consider the tax
- ethichal considerations
The Honourable Sandra K. Ballance — Mediator, Vancouver
Amy A. Mortimore — Clark Wilson LLP, Vancouver
Networking Lunch (Provided)
Curing Deficiencies and Rectification of Wills
- curing deficiencies under WESA s. 58
- rectification of wills under WESA s. 59
- procedural issues on applications
Stanley Rule — Sabey Rule LLP, Kelowna
Beneficiary Actions on Behalf of the Estate
- WESA s. 151
- guidance from recent cases
- practical issues and challenges with claims
Kimberly A. Kuntz — Norton Rose Fulbright Canada LLP, Vancouver
Break
Litigious Disputes Before Death
- update on cases related to committeeships, power of attorney abuse claims
- using the Office of the Public Guardian and Trustee effectively
- practical considerations
Deidre J. Herbert — McLellan Herbert, Vancouver
Practitioners Panel
- senior practitioners will answer your questions about practice and ethics in estate and trust litigation
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver
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