Estate Litigation Basics 2024

Course Chair
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver

About the Course Chair
Amy Mortimore, KC is a partner at Clark Wilson LLP and the co-chair of its Estates & Trusts Practice Group. She also co-leads the Estates & Trusts Appeals and Opinions initiative, which provides strategic advice on all types of estate, trust, and tax work, as well as appellate services. Amy has been recognized for a number of years by Best Lawyers Canada in the area of Trusts & Estates and by Lexpert Canada in Estate Litigation.

Amy is committed to furthering legal education and is frequently called upon to speak to lawyers, law students, industry groups, and the public on various aspects of estates and trusts issues. In 2020, she and Mark Weintraub, KC co-authored the text, British Columbia Estate Litigation, published by LexisNexis. Amy has now retired from the Board of Directors of CLEBC, after seven years' service, including as chair. Additionally, she is a Governor of the TLABC and the co-chair of its Women Lawyers Retreat committee. Amy also volunteers her time as APB Referral Counsel for the BC Court of Appeal, and sits on the federal Judicial Advisory Council.

Online Moderator
Aaron Pearl — Clark Wilson LLP, Vancouver

Faculty
Justice Lauren Blake — Supreme Court of BC, Vancouver
Tara R. Britnell, KC — Hamilton Duncan, Surrey
Emily Clough — Clark Wilson LLP, Vancouver
Erin Hatch — Harper Grey LLP, Vancouver
David A. Hunter — Hamilton Duncan, Surrey
Edward F. Macaulay — North Shore Law LLP, North Vancouver
Aaron Pearl — Clark Wilson LLP, Vancouver
Krista L. Simon — Hammerco Lawyers LLP, Vancouver
Mark I. Szepes — North Shore Law LLP, North Vancouver
Roselle P. Wu — Harper Grey LLP, Vancouver

Click here for full faculty bios

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Annotated Estates Practice 2023

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 15, 2023

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 2023 edition of Annotated Estates Practice includes:

• amendments to the legislation, rules, and practice directions to January 15, 2023
• inclusion of the Criminal Code of Canada provisions on medical assistance in dying, with case annotations
• new case annotations on topics including the five-day survival rule, work-in-progress documents that don't meet the test for a will, and causes of action for property division of the deceased spouse

• purpose, pleadings, cases, and practical tips
  • wills variation
  • undue influence
  • incapacity
  • WESA, s. 58

• when to bring them, strategies, and pros & cons
  • bank records
  • doctors' assessments
  • doctors' records
  • estate planning files
  • real estate files

• overview of hearsay
• opportunity for participants to revise and correct inadmissible hearsay
• revisions to inadmissible hearsay
• practical tips for drafting affidavits

• amendments
• insight and perspective
  
  • frequently used sections
  • underused sections
  • judicial trends and commentary

• civility as a superpower
• costs of incivility
• how to be civil and a strong advocate