Estate Disputes in British Columbia: A Litigator's Guide - Print

Practical guidance to confidently litigate estate disputes

This publication is essential for: estate litigation practitioners and those who advise on estate planning and administration matters

Current to: January 1, 2025

Need to know where to start with your client's estate dispute? Turn to Estate Disputes in British Columbia: A Litigator's Guide for coverage of the most common procedural and substantive issues in estate litigation.

Succinct discussions of substantive law will guide you on disputes from the validity of wills, wills variation claims, actions against fiduciaries, to disputes over inter vivos trusts and transfers. Helpful practice discussions and tips for navigating court procedures, managing clients, developing your litigation strategy, and preparing for evidentiary issues, along with step-by-step guidance on procedure, and sample forms and precedents, will help you efficiently prepare your case.

With this resource, you will be able to:

• apply the best method to resolve your client's dispute, from mediation to trial
• smoothly navigate the appropriate procedure that governs the dispute in your case
• quickly go to the leading cases on substantive issues to help you argue your case

Buy today and confidently litigate your clients' estate disputes. View a sample from this book!

Highlights to the 2025 update of Estate Disputes in British Columbia: A Litigator's Guide include:

• case law and legislation brought current to January 1, 2025, including the addition of over 45 new and notable cases
• new discussion and practical direction on the procedure when seeking a declaration of spousal status
• new commentary regarding the applicability of heteronormative factors when assessing the termination of same-sex relationships
• expanded discussion and case law examples dealing with issues of forum non conveniens in conflicts of laws
• expanded discussion of undue influence in the context of disputes regarding inter vivos transfers
• new content addressing applications for advice and directions where there is a dispute regarding assets subject to a beneficiary designation
• discussion of recent case law regarding the attribution of value to on-reserve lands not subject to a registered lease when an estate is governed by the Indian Act
• added discussion regarding the circumstances in which the court may also order costs against an unsuccessful petitioner for committeeship who has acted improperly or unreasonably complicated proceedings

What people are saying about Estate Disputes in British Columbia: A Litigator's Guide:

"CLEBC’s practice manuals have a well-earned reputation as being the 'go-to' practice area resource for lawyers. CLEBC’s Estate Disputes in British Columbia: A Litigator’s Guide adds to this legacy. It covers all aspects of handling an estate litigation claim from start to finish. Not only does this publication comprehensively set out the relevant law and legislation, but it also provides invaluable practice tips and advice. Further, it is organized in a very logical fashion and written in a manner that lawyers with varying degrees of experience will understand and appreciate. As a litigator looking to expand my areas of practice, this manual is a welcome and timely addition to my library." - Scott Morishita, Associate Counsel, Rice Harbut Elliott LLP

"As a practicing lawyer, I've often found myself seeking quick answers to estate-related questions from my colleagues. During a recent call, I received a few such inquiries and was able to provide prompt responses by referencing CLEBC’s Probate & Estate Administration Practice Manual that I had kept handy. While I may have appeared more knowledgeable than I actually was, I realized that my understanding of estate law could benefit from a comprehensive guide that filled the gaps in estate disputes.

"That's why I highly recommend Estate Disputes in British Columbia: A Litigator’s Guide as a valuable resource for any lawyer who practices or intends to practice, in this field. This book not only provides insights into the nuances of estate disputes but also serves as a useful reference for identifying potential claims or defences. I've personally relied on the CLEBC Practice Manuals for years, and I believe that this new guide will help save hours of time and prevent false starts for many practitioners in the future." - Stan Rule, Partner, Sabey Rule LLP

Discover all of our Wills, Estates, and Trusts resources here

CLEBC Legal Editor
Jennifer E. Thorne
jennifert@cle.bc.ca

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