Estate Planning Update 2026
Course Date: October 14, 2026
Total: 5h 38min
Total Ethics: 1h
Estate Planning Update 2026
Course Date: October 14, 2026
Total: 5h 38min
Total Ethics: 1h
Course Introduction and Land Acknowledgement (9:00 – 9:10)
Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
Emerging Trends in Trusts and Estates: A Case Law and Legislative Update (9:10 – 10:10)
- changing definitions of family: who qualifies as a spouse or child?
- curative powers under WESA: refining the limits of ss. 58 and 59
- trustee accountability: disclosure obligations and personal consequences
- key legislative developments affecting estate and trust planning
Alison Oxtoby — Fasken Martineau DuMoulin LLP, Vancouver
Challenges of Modern Drafting (10:10 – 11:05)
- drafting developments based on recent case law
- estate administration: tips and traps to consider in drafting estate planning documents
- the aging population: capacity and planning involving later in life spousal relationships
- some comments on the use of artificial intelligence
Ingrid M. Tsui — Alexander Holburn Beaudin + Lang LLP, Vancouver
BREAK (11:05 – 11:20)
HOLDCOs: Considerations in Estate Planning (11:20 – 12:15)
- identifying issues
- planning options
- when to involve others
Kate S. Marples — Legacy Tax + Trust Lawyers, Vancouver
LUNCH (12:15 – 12:55)
Family Law Impacts on Estate Planning (12:55 – 1:45)
- what happens to family law claims on death?
- discretionary trusts and family law claims
- child/spousal support obligations and the estate
- planning for succession for guardianship/parental responsibilities on death
- family law agreements and death
Amanda M. James — Apna Law LLP, Burnaby
MAiD Today and Planning Issues (1:45 – 2:40)
- the current availability of MAiD and eligibility requirements
- who is accessing MAiD in practice
- anticipated legislative developments
- consent and capacity issues
- how planners can react when a client is going to receive MAiD
Georgia Barnard — Legacy Tax + Trust Lawyers, Vancouver
Melissa Perry — Norton Rose Fulbright Canada LLP, Vancouver
Melissa Perry — Norton Rose Fulbright Canada LLP, Vancouver
BREAK (2:40 – 2:55)
Solicitor Client Duties in Estate Planning (2:55 – 3:55)
- considerations for release of documents held in safekeeping after incapacity or death—does it make a difference if the matter is contentious?
- can you act for an individual and their various family members such as: second spouse, separated spouse who was formerly your client, child or other beneficiary under the individual’s estate plan?
- considerations where there is a joint retainer after incapacity and death
- solicitor obligations where capacity is in issue—assessing client's capacity and addressing duties if a committeeship is brought
- best practices for a solicitor where estate plan is likely to be contested
Moderator: Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
Peter J. Glowacki — Borden Ladner Gervais LLP, Vancouver
Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver
Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver
Closing Remarks (3:55 – 4:00)
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
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Presentation Content:
Emerging Trends in Trusts and Estates: A Case Law and Legislative Update
Slides: 2026 Case Law Update
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