Course Introduction and Land Acknowledgement (9:00 – 9:10)
Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Geoffrey W. White, KC — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver
Section 132—Administration in Special Circumstances (9:10 – 9:35)
- so you can't wait for a grant of probate
- how can a s. 132 special appointment help
- have recent cases limited the scope?
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
Question Period (9:35 – 9:45)
Section 58—Paige v. Noel (9:45 – 10:10)
- so you're doing "self-help" estate planning
- do your fixed and final wishes matter?
- Paige v. Noel, 2025 BCCA 358
- is BC now a "partial substantial compliance" jurisdiction?
- is my fixed and final wish not enough?
- must there be a "Will"?
- do "impermanent" records qualify anymore?
Gordon Behan — Behan Estate and Trust Litigation, Vancouver
Question Period (10:10 – 10:20)
Advances and Hotchpot (10:20 – 10:45)
- so you're helping your child buy a house
- tips for tracking and adjusting advances and hotchpot
- what rules may apply if there is no planning?
- do past-limitation period debts matter? Cherry v. Boultbee (1839)
Katie Taylor — DLA Piper (Canada) LLP, Vancouver
Question Period (10:45 – 10:55)
BREAK (10:55 – 11:05)
Trustee Discretion (11:05 – 11:30)
- so you want to rule from the grave
- the limits of trustee discretion
- how much discretion can your drafting achieve?
- what should trustees be advised when making decisions?
Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Question Period (11:30 – 11:40)
Gifts of Survivorship (11:40 – 12:05)
- so you want to avoid probate but don't want a trust
- the gift of survivorship if you must—risks and creative use
- is it possible to use the gift of survivorship with less risk?
Stanley Rule — Sabey Rule LLP, Kelowna
Question Period (12:05 – 12:15)
LUNCH (12:15 – 12:55)
Artificial Intelligence (AI) (12:55 – 1:20)
- so you can't retire before AI steals your job
- adapting for AI in an estates practice
- practical examples of how AI is, and will likely be, used in an estates law practice
Ian Hull — Hull & Hull LLP, Toronto
Suzana Popovic-Montag — Hull & Hull LLP, Toronto
Question Period (1:20 – 1:30)
Digital Assets and Cryptocurrency (1:30 – 1:55)
- so you're an influencer and a crypto-millionaire
- protecting the value of digital/online content, crypto, and virtual businesses
Dwight D. Dee — Miller Thomson LLP, Vancouver
Question Period (1:55 – 2:05)
Estate Planning for Farms (2:05 – 2:30)
- so you're a farmer
- why typical estate planning may not work for farms
- practical tips for estate planning for farmers—incorporation, ownership of quota and other assets by company, farm management succession, financial viability of the farm, and lead time for planning
- tax breaks for inter-generational transfer of farms
- what about the off-farm children?
Todd C. Harvey — Baker Newby LLP, Chilliwack
Question Period (2:30 – 2:40)
BREAK (2:40 – 2:50)
Wills Variation—Unequal Division for Children (2:50 – 3:15)
- so you want to give your child less but don't want a trust
- when unequal becomes too unequal
- current ranges of wills variation awards
- at what point can your client no longer "get away with" just a Will?
Aubrie Girou — Alexander Holburn Beaudin + Lang LLP, Vancouver
Question Period (3:15 – 3:25)
Getting Ready for Death (3:25 – 3:50)
- so you are going to see this file again
- how not to make your estate administration paralegal hate you
- record keeping
- passwords
- planning for estate administration issues
- track beneficiaries and needed information
- the cash poor estate
- upkeep of property
- beneficiaries in need
- the "child in the basement"
Braeden J. Rahn — Geoffrey W. White Law Corporation & Clark Wilson LLP, Kelowna & Vancouver
Question Period (3:50 – 4:00)
Concluding Remarks (4:00 – 4:05)
Geoffrey W. White, KC — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver