Estate Litigation Update 2014

Presented by CLEBC in collaboration with CBABC

Rebroadcasts
"Jump Start on CPD 2015": Friday, March 27, 2015; Time: 9:00 am — 4:00 pm
"Jump Start on CPD 2015": Wednesday, April 1, 2015; Time: 9:00 am — 4:00 pm

(Original course: Thursday, October 23, 2014)

Who should attend: Lawyers practicing in the area of estate litigation; the course may also be of interest to wills and estates solicitors and general practitioners.

Learning level: Intermediate/Advanced

Learn about court decisions, hot topics, and practice issues in estate litigation, including the impact of the WESA changes. Experienced counsel will update you on the latest developments in the law, and provide you with practical tips, strategies, and advice to improve your ability to bring, defend, and mediate estate litigation cases.

After taking this course you will...

• be up to date on the new cases and trends in estate litigation
• understand different dispute resolution processes
• be aware of changes as a result of the Family Law Act
• identify ways that your practice may need to change

This course will be paired with the course Estate Planning Update 2014 to form the Wills, Estates, and Trusts Conference 2014. Take both courses and SAVE! See below for special pricing, and click here to register for both.

CBABC members receive an additional 10% off course registration fees. Call Customer Service to register and remember to have your CBABC membership number ready.

Law Society of BC CPD Hours: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Course Chair
Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver

Pricing
Rebroadcasts
"Jump Start on CPD 2015"
EARLY BIRD (Register by the dates listed below and SAVE)
For the course on March 27, register by February 27, 2015
For the course on April 1, register by March 4, 2015

Course Chair
Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver

About the Course Chair
 Helen Low practices at the Vancouver office of Fasken Martineau DuMoulin LLP in the wills, trusts, and estates area, where she focuses on contentious matters that may lead to litigation. Helen practices with her solicitor colleagues in the trust and estates group, and has some involvement in estate planning, usually for clients who want to avoid future litigation. She co-teaches the Succession course at the Faculty of Law at UBC and is a contributing author for a number of CLEBC publications related to estates law. Helen is a frequent speaker in the estates area.

Faculty 
The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Scott Cordell — Killam Cordell Murray, Vancouver
Leanne Dospital — Regional Manager, Services to Adults, Public Guardian and Trustee of BC, Vancouver
Amy D. Francis — Legacy Tax + Trust Lawyers, Vancouver
Peter J. Glowacki — Borden Ladner Gervais LLP, Vancouver
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver
Roger D. Lee — Davis LLP, Vancouver
Andrew S. MacKay — Alexander Holburn Beaudin + Lang LLP, Vancouver
Hugh S. McLellan — McLellan Herbert, Vancouver
Stanley T. Rule — Sabey Rule LLP, Kelowna
Sarah Watson — Solicitor to the Public Guardian and Trustee, Services to Adults, Public Guardian and Trustee of BC, Vancouver
Ian Worland — Legacy Tax + Trust Lawyers, Vancouver

Welcome and Introduction

Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver

Wills Variation Update

• recent cases
• recent trends related to awards of costs
• WESA transition
• abatement of settlement

Hugh S. McLellan — McLellan Herbert, Vancouver

When Good Planning is not Enough

• when is a good estate plan no longer “bullet proof”
• strategies to set aside estate plans to disinherit
• Mordo, Mawdsley and Easingwood  issues

Peter J. Glowacki — Borden Ladner Gervais LLP, Vancouver 
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver

Networking Break

Mediation/Arbitration/Settlement Conferences

• using the best process in the appropriate case
• preparation for the proceeding
• promoting a consent resolution—what works
• documenting the settlement

The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Roger D. Lee — Davis LLP, Vancouver

Solicitor-Client Privilege—What Does that Mean in Estate Litigation

• how to secure a lawyer’s file in estate litigation
• who holds the privilege and who can waive it
• what attack can be made when the file is released

Scott Cordell — Killam Cordell Murray, Vancouver

Networking Lunch 

Rectification of Trusts and Wills

• how can applications for rectification be made
• the applicable law—when it works and when it doesn’t
• other options

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

Reining in the Rogue Trustee/Executor

• what conduct warrants removal or other relief

Stanley T. Rule — Sabey Rule LLP, Kelowna

Using Unjust Enrichment as a Remedy in Estate Litigation

• current state of the law
• when is this remedy most effective to plead
• elements of unjust enrichment
• joint family ventures after Kerr v. Baronow 2011 SCC 10

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

Networking Break

The Family Law Act in Trust and Estate Litigation

• the interplay between the FLA and WESA
  • loss of estate rights upon spousal separation
  • what constitutes separation
• “family violence” under the FLA: a new tool in relation to vulnerable adults?

Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver

Protecting Vulnerable Adults

• the PGT’s role
• the new provisions under the Adult Guardianship Act
• available community resources

Leanne Dospital — Regional Manager, Services to Adults, Public Guardian and Trustee of BC, Vancouver
Sarah Watson — Solicitor to the Public Guardian and Trustee, Services to Adults, Public Guardian and Trustee of BC, Vancouver