Estate Litigation Update 2024

Product Type: Course

Session 1

Format

Courses - Rebroadcast

Start Date & Time

2025-03-04

End Date & Time

2025-03-04

Online Provider

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DescriptionMore DetailAgenda

Invest in refining your estate litigation skills and knowledge

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Jump Start on CPD 2025
Tuesday, March 4, 2025

(Original course date: October 18, 2024)

Can't make the webinar or rebroadcasts?
Want online CPD available 24/7?
Subscribe to Courses On Demand, our comprehensive online resource with 21,500+ videos and 5,400+ papers from CLEBC courses. This course will be added to Courses on Demand approximately 30 days from the original course date.

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

Learning level: Intermediate/Advanced

Estate disputes can arise both before and after death and understanding how to resolve them through negotiation, mediation, arbitration, or the courts requires knowledge of applicable legal principles and practical expertise.

Our experienced faculty will share both their academic knowledge of the law and their practice experience to further your skills as an estate litigator to handle a wide range of trust and estate-related issues. Various topics will be covered that will address many of the frequent, and sometimes complex, issues that arise when estate and asset planning has not yet been done or done to avoid future problems or where a valid will may still be subject to legal challenge.

You will leave this course better equipped both in your knowledge and skills in estate litigation proceedings. Join us and be an effective litigator for dealing with contentious estate matters!

After taking this program, you will:

be up to date on recent cases under WESA
understand the necessary estate planning knowledge needed for estate litigators
be aware of contested trustee breach proceedings and trust account passings
gain practice tips and considerations in the progress of an estate case
understand costs in estate litigation
receive practice answers and tips from experienced professionals

Register for this course and the Estate Planning Update 2024 course on Thursday, October 17, 2024, and SAVE on your registration for both! Click here to register for the two-day Wills, Estates and Trusts Conference 2024.

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

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

Jump Start 2025	EARLY BIRD Register by Feb. 3/25	Regular Price After Feb. 3/25
Rebroadcast	$479	$549
Rebroadcast Articled Student	$279	$279

Are you a member of the Indigenous legal community (lawyer/Articled Student/legal support staff/paralegal) or a non-lawyer Indigenous community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount* to all Indigenous lawyers/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members. (*discount applies to Regular prices, not Early Bird prices). Please contact Customer Service to find out more.

Unable to attend a course without financial assistance from CLEBC?
Click here for bursary information.

Want to register for a course now, but prefer a monthly payment plan?
Check out our Easy Pay Plan.

Registration includes an electronic copy of the reference materials and lunch for in-person registration.

CLEBC Program Lawyer*
Nadia Myerthall
nmyerthall@cle.bc.ca
*non-practising

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

About the Course Chair

Helen Low, KC practices at the Vancouver office of Fasken in the wills, trusts, and estates area, where she focuses on contentious matters that may lead to litigation. Helen also engages in estate and incapacity planning for clients who want to avoid future litigation.

She has taught the Succession law course at the Peter A. Allard, School of Law, UBC for 10 years and is on the editorial board for CLEBC's Estate Disputes in British Columbia: A Litigator's Guide and a contributing author for a number of other CLEBC estate publications. Helen is a frequent speaker and author in estate and trust law matters both in BC and nationally. In 2014, she received her current King's Counsel appointment.

Online Moderator
Vivian Ho — Fasken Martineau DuMoulin LLP, Vancouver

Faculty
Justice Amy D. Francis — Supreme Court of BC, Vancouver
Tara R. Britnell, KC — Hamilton Duncan, Surrey
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Aubrie Girou — Alexander Holburn Beaudin + Lang, Vancouver
Peter J. Glowacki — Borden Ladner Gervais LLP, Vancouver
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Kimberly A. Kuntz — Scion Law LLP, Vancouver
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver
Chelsea D. Wilson — Ramsay Lampman Rhodes, Nanaimo

Course Materials Contributor
Christy Tang — Alexander Holburn Beaudin + Lang, Vancouver
Zachary White — Ramsay Lampman Rhodes, Nanaimo

Click here for full faculty bios

----------------------------------------------------------------------

Annotated Estates Practice 2022

Contact Customer Service to order

Your portable estates law library

This publication is essential for: all wills and estates practitioners looking for a handy reference, particularly in court or when away from the office

Current to: January 1, 2024

Annotated Estates Practice is your indispensable compilation of BC wills and estates statutes, rules, and regulations. Designed for portability, this resource is convenient for use both at the office and in court. It is annually updated by experienced estates lawyers who annotate key statutes as well as the relevant Supreme Court Civil Rules with summaries of important decisions. Also included are former statutes and a table of concordance from the former statutes for ease of use.

With Annotated Estates Practice, you will be able to:

easily access core materials for your wills and estates practice in one place
efficiently begin the search for answers to your wills and estates question
easily understand the courts' interpretation of specific sections of key statutes and rules

View a sample from this book!

The 2024 update incorporates amendments and updates to the legislation, rules, practice directions, and summaries of case law to January 1, 2024.

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver

Online Moderator: Vivian Ho — Fasken Martineau DuMoulin LLP, Vancouver

Update of New Estate Cases Under WESA (9:10 – 10:00)

wills variation s. 60
trust cases
ss. 58, 132, 151

Chelsea D. Wilson — Ramsay Lampman Rhodes, Nanaimo

Necessary Estate Planning Knowledge for Estate Litigators (10:00 – 10:45)

capacity and undue influence determinations by solicitors
drafting to deal with changes and removal of executors and trustees
planning to assess and address will variation risks
can a trustee's discretionary powers be drafted too broadly

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

BREAK (10:45 – 11:00)

Contested Trustee Breach Proceedings and Trust Account Passings (11:00 – 11:55)

standard of care
proving a breach
removal and passing of accounts
how to establish reasonableness on accounting/fees

Aubrie Girou — Alexander Holburn Beaudin + Lang, Vancouver

NETWORKING LUNCH (provided to in-person registrants) (11:55 – 12:55)

Counsel Considerations in the Progress of a Case (12:55 – 1:40)

client intake
initial considerations—goals and resources
what claims to bring
developing the strategy for resolution
managing client expectations
role of the estate litigator
ethical and professional responsibility issues

Kimberly A. Kuntz — Scion Law LLP, Vancouver
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver

The Landscape of Costs in Estate Litigation (1:40 – 2:35)

variation claims
undue influence claims
proof of will claims
asset recovery claims
beneficiary/trustee contests

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (2:35 – 2:50)

Practice Answers and Tips from an Experienced Judge, Mediator, and Litigator (2:50 – 3:50)

self-represented litigants in mediation and in court
choosing the best venue—advantages and disadvantages to mediation and to court
being fully prepared for mediation and for trial

Justice Amy D. Francis — Supreme Court of BC, Vancouver
Tara R. Britnell, KC — Hamilton Duncan, Surrey
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver

Closing Remarks (3:50 – 4:00)

Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver

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Estate Litigation Update 2024

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