Death is Not the End: Estate Administration Workshop

Thursday & Friday, February 12 & 13, 2015
9:00 am – 4:00 pm BOTH DAYS
Pan Pacific Hotel, 999 Canada Place, Vancouver

Who should attend: This workshop is designed to increase and enhance the specialized knowledge of lawyers who have established estate practices as well as those who would like to develop them. This course is not recommended for beginners.

Learning level: Intermediate/Advanced

Learn practical information that you can put to use immediately!
With higher stakes and more complicated issues, estate administration matters pose greater risks than ever before. This highly interactive triennial workshop will combine short lectures, group discussion of procedural and substantive issues, and identification and resolution of problems.

Using fact patterns to present problems and generate discussion, experienced faculty will assist you as you work through the problems and identify pragmatic steps you and your staff can take to avoid the most common errors. They will also help you develop solutions to the problems being faced by personal representatives and beneficiaries. Day 1 deals with pre-grant and difficult matters and Day 2 focuses on problems in the administration of estates.

Here's what some registrants said about our past workshops:

“In terms of scope and relevance, this was the best CLE I have ever taken.”

“I liked the format. Everyone participated. Hearing from other lawyers is very helpful.”

“I really liked the smaller groups. It kept me much more engaged. I enjoyed the opportunity for discussion.”

“I valued the interactive discussions and problem-solving.”

“I appreciated the sharing of experience from knowledgeable senior practitioners.”

“This is the best CLE course I have attended in many years. Good leaders and discussion, great exchanges of ideas.”

Law Society of BC CPD Hours: 12 hours (a minimum of 2 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Workshop Leaders
James D. Baird — Boughton Law Corporation, Vancouver
Shelley A. Bentley — Kerr Redekop Leinburd & Boswell, Vancouver
Kenneth N. Burnett — Miller Thomson LLP, Vancouver
R.C. (Tino) Di Bella — Jawl & Bundon, Victoria
Sandra L. Enticknap, QC — Miller Thomson LLP, Vancouver
Kim A. Karras — Brawn Karras & Sanderson, Surrey
Valorie Pawson — Pawson Law, West Vancouver
Kimberly D. Wallis — Sabey Rule LLP, Kelowna

Pricing
EARLY BIRD (Register by January 15, 2015 and SAVE)
Live Course: Regular $1,005 | Student $535

After January 15, 2015
Live Course: Regular $1,110 | Student $585

Registration includes a print copy plus an electronic copy of the course materials and lunch on BOTH days.

Workshop Leaders
James D. Baird — Boughton Law Corporation, Vancouver
Shelley A. Bentley — Kerr Redekop Leinburd & Boswell, Vancouver
Kenneth N. Burnett — Miller Thomson LLP, Vancouver
R.C. (Tino) Di Bella — Jawl & Bundon, Victoria
Sandra L. Enticknap, QC — Miller Thomson LLP, Vancouver
Kim A. Karras — Brawn Karras & Sanderson, Surrey
Valorie Pawson — Pawson Law, West Vancouver
Kimberly D. Wallis — Sabey Rule LLP, Kelowna

Day 1: Thursday, February 12, 2015
Pre-Grant and Difficult Matters

Introduction and Overview of the Course

Applications for Proof of Will in Solemn Form

• the presumption of validity
• rebutting the presumption
• “testamentary capacity”
• “knowledge and approval”
• “suspicious circumstances”
• who can require proof in solemn form?
• how do you prove a will in solemn form?
• counterclaims
• protecting the estate while proof is pending
• after proof in solemn form
• effect of proof in solemn form
• the executor’s duty

Lost Wills

• the executor’s duty
• presumption of destruction with intention to revoke

Dealing with Non-compliant Records and Documents of Possible Testamentary Effect

• s. 58 WESA

Ascertaining Beneficiaries and Heirs

• ascertaining beneficiaries
• notice

Missing Beneficiaries

• the executor’s duty
• involvement of the Public Guardian and Trustee
• what if the search fails?
• presumption of death

Applications Before the Courts and Desk Orders

Applying for Administration—Problems with Consent

Determining the Assets and Liabilities of the Estate

• assets in foreign jurisdictions
• jointures
• recovering assets from trusts
• liabilities

Safeguarding the Assets

• jointly-titled assets
• vacant houses
• motor vehicles
• mortgages
• carrying on a business

Death and Divorce and Lesser Evils

Making Life (and Death) Simpler

Conclusion

Day 2: Friday, February 13, 2015
Problems in the Administration of Estates

Introduction

Problems of Double Probate

Losing Testamentary Gifts—By Law and Design

• the presumption against double portions
• election
• disclaiming gifts

Taking Care of Business

• carrying on a business—the general rule
• liability of personal representatives
• protection from liability
• creditors of the testator vs. creditors of the business

Interim Distributions and Clearance Certificates

Abatement—Not Quite Enough to Go Around

Distribution—Powers and Duties of Trustees and Rights of Beneficiaries

• appropriation
• balancing the interests of income and capital beneficiaries

Pre-taking Compensation

Duty to Disclose Information and Keep Accounts

• duty to disclose
• duty to keep accounts

Conclusion