Basics of Wills & Estate Planning 2025

Course Chairs
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Aubrie Girou — Alexander Holburn Beaudin + Lang LLP, Vancouver

About the Course Chairs
Eric Clavier is a trusts and estates litigation lawyer at Fasken. Eric was called to the South African Bar in 2000. He practised as a barrister in the Republic of South Africa for 12 years, gaining extensive trial and motion experience, and appeared at all levels of court, including various appearances in the Supreme Court of Appeal of South Africa.

Following his move to Canada in 2012, Eric completed the Federation of Law Societies of Canada's NCA exams in 2013 and was called to the BC bar in 2014, where he now appears regularly before the Supreme Court of BC and BC Court of Appeal.

Eric's practice involves assisting clients with contentious matters related to wills, trusts, undue influence and incapacity claims, committeeship applications, unjust enrichment claims, breach of fiduciary duties cases, abuse of powers of attorney claims, breach of trust claims, partitions of property, and passing of accounts.

Eric is a member of the CBA, the CBABC Wills & Trusts Section, the CBABC Elder Law Section, and The Advocates Society. Eric is the past president of the board of directors of Seniors First BC, past chair of the CBA Elder Law National Section Executive, past vice-chair of the CBABC Elder Law Section Executive, and a section representative for CBABC's Provincial Council.

Eric is on the editorial board of CLEBC's Estate Disputes in British Columbia: A Litigator's Guide book, and after teaching Trusts at Peter A. Allard School of Law for several years, Eric now teaches Civil Procedure at UBC as an adjunct professor.

Aubrie Girou is a partner at Alexander, Holburn, Beaudin + Lang LLP. She practices exclusively in the area of wills, estates + trusts, and incapacity and maintains both a solicitor's and litigation practice. She assists clients with all aspects of contentious disputes—simple and complex—that can arise on death or incapacity including wills variation, unjust enrichment, constructive or resulting trusts, breach of fiduciary duties, committeeship applications, and accountings. She has represented clients before all levels of court in BC. Aubrie also works strategically with clients to help put in place effective wealth preservation plans for each client's unique circumstances with an aim to avoid post-mortem conflicts.

Aubrie is a frequent presenter and regular contributor to leading industry publications, including Annotated Estates Practice, British Columbia Estate Planning and Wealth Preservation, British Columbia Probate and Estate Administration Practice Manual, and Estate Disputes in British Columbia: A Litigator's Guide.

Faculty
Justice Julie K. Lamb — Supreme Court of BC, New Westminster
Carolyn R. Anderson — Director, Intake & Early Resolution and Practice Standards, Law Society of BC, Vancouver
Mike Beishuizen — Westcoast Wills and Estates, North Vancouver
Tara R. Britnell, KC — Hamilton Duncan Law Corporation, Surrey
Catherine Bunio — Alexander Holburn Beaudin + Lang LLP, Vancouver
Annie H. Chen — Fasken Martineau DuMoulin LLP, Vancouver
Rebecca Cynader — Scion Law LLP, Vancouver
Fiona Hunter — Horne Coupar LLP, Victoria
Janis Ko — McLellan Herbert Locke LLP, Vancouver
J. Jeffrey Locke — McLellan Herbert Locke LLP, Vancouver
Edward F. Macaulay — North Shore Law LLP, North Vancouver
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver
Maryanne Prohl — Director, Risk Management, Lawyers Indemnity Fund, Law Society of BC, Vancouver
Isabel L. Romeral — Farris LLP, Vancouver
Rutsu Shikano — Richards Buell Sutton LLP, Vancouver
Amanda N. Winters — Scion Law LLP, Vancouver

• what is an estate plan?
• what are the goals of estate planning?
• what are the components of a typical estate plan?
• specific issues to be considered:
  • foreign property
  • multiple wills
  • taxation
  • blended families
  • client notes, draft, and letters
  • First Nations wills
• remote witnessing

• the role of the lawyer
• preliminary information gathering
• the client interview
• difficult and/or challenging clients
• assessing capacity and undue influence
• post-interview steps

• fundamental tax concepts
  • types of income
  • taxation of capital gains
• tax consequences of death
• registered plans on death (RRSPs, RRIFs, TFSAs, FHSAs)
• inter vivos transfers and gifts
• taxation of trusts
• attribution rules
• post-mortem planning strategies to minimize tax

• property disposable by a will
• preparing your standard will
• drafting considerations
• common drafting errors
• technical requirements for formal execution
• other planning tips and traps

• preparing your standard probate application
• probate fees
• time factors
• implications for the estate plan

• s. 58 and s. 59 WESA
• interim authority
• disclosure
  • when a request is appropriate
  • disclosure vs. court order
  • how to make disclosure requests

• being an effective advocate in mediation
• communication, valuation, and taxation
• skillful negotiation—informed, not haphazard or ritualistic
• yes! mediation can settle that nightmare case
• key ethical point

• suggestions for an effective chambers application
• pointers for trial preparation

• common complaints about lawyers in wills and estate planning
• ways to avoid complaints
• complaint process and responding to the Law Society

• statistics of wills and estates claims
• common claims 
• risk management tips
• cyber fraud

• planning opportunities
• possible problem and pitfalls
• "true" joint tenancies vs. "false: joint tenancies
• review of recent cases

• insurance (life insurance, trusts)
• RRSPs/RRIFs
• TFSAs
• RESPs

• planning for incapacity with respect to financial affairs
• planning for incapacity with respect to health care
• dealing with incapacity where there is no plan
• power of attorney, representation agreement, advance directive, living will
• trust planning for persons with disabilities

• how to choose the right trust: inter vivos or testamentary
• constituting a trust
• components of a well drafted trust
• commonly used inter vivos trusts
  • spouse trusts
  • alter ego and joint partner trusts
• commonly used testamentary trusts
  • spouse trusts
  • trusts for minors and young adults
  • trusts for disabled beneficiaries
• some practical challenges in settling trust property

• what constitutes "adequate provision"
• reasons for disinheritance
• competing claims by adult children
• competing claims between spouse and children
• blended family claims
• role of executor
• costs

• spousal qualification
• the assessment of the legal obligation under the Family Law Act
• family property and excluded property
• competing claims

• wills variation and proof of will proceeding
• wills variation and resulting trust claims
• procedure for bringing all claims at the same time

• effective use of a will in contentious circumstances
• memorandum of reasons
• ethical issues relating to planning to avoid variation claims