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Estate Disputes in British Columbia: A Litigator’s Guide

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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

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

Order today and confidently litigate your clients’ estate disputes!

Estate Disputes

Read a sample from the book

Features and Highlights

Highlights of the 2024 Update include:

  • new material on the importance of trauma-informed practice in estate disputes, including practical considerations for counsel
  • a new chapter specifically dealing with litigating estates under the Indian Act
  • a new stand-alone chapter on the use of notices of dispute in estate litigation, with expanded discussion
  • revised discussion of costs in estate litigation
  • new content addressing reconciliation as it relates to spousal status in estate disputes
  • expanded coverage on pre-taking of remuneration by trustees
  • added discussion of the application of wills variation principles to dual wills in British Columbia
  • a new quick reference guide to commencing estate litigation proceedings, setting out the various types of disputes, the applicable form of commencing documents, and related Rules and legislative provisions

Contributors

Editorial Board 

Eric Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver
Hugh McLellan — McLellan Herbert, Barristers & Solicitors, Vancouver
Stanley Rule — Sabey Rule LLP, Kelowna

Authors

Scott Boucher — Norton Rose Fulbright, Vancouver
Candace Cho — Onyx Law Group, Vancouver
Justina Driedger — DLA Piper, Vancouver
Shahdin Farsai — Sabey Rule LLP, Kelowna
Heather Fisher — Horne Coupar LLP, Victoria
Derek Frenette — Alexander Holburn Beaudin + Lang LLP, Vancouver
Aubrie Girou — Alexander Holburn Beaudin + Lang LLP, Vancouver
Suzanne H. Grant — Swift Datoo Law Corporation, Courtenay
Raman Johal — Gowling WLG, Vancouver
M. Scott Kerwin — Borden Ladner Gervais LLP, Vancouver
Janis Ko — Fasken Martineau DuMoulin LLP, Vancouver
Kimberly Kuntz — Norton Rose Fulbright, Vancouver
Roger D. Lee — DLA Piper, Vancouver
Jeffrey Locke — McLellan Herbert, Barristers & Solicitors, Vancouver
Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver
Edward Macaulay — Edward F. Macaulay Law Corp., North Vancouver
Tyson McNeil-Hay — Fulton LLP, Kamloops
Chrystie Stewart— Stewart & Springford Lawyers, Kamloops
Christy Tang — Alexander Holburn Beaudin + Lang LLP, Vancouver
Ken Vimalesan — Scion Law LLP, Vancouver
James Zaitsoff — Legacy Tax, Vancouver

Table of Contents

Chapters

Part 1—General Concepts in Estate Disputes

1.  Fundamental Principles in Estate Disputes

2.  Notices of Dispute in Estate Disputes

3.  Issues of Spousal Status in Estate Disputes

4.  Conflict of Laws in Estate Disputes

5.  Resolving Estate Disputes through Mediation

6.  Proceeding with Estate Litigation

Part 2—Disputes Relating to Wills

7.  Validity of Wills Disputes

8.  Rectification, Interpretation, and Construction of Wills Disputes

9.  Curing a Defective Will

10.  Wills Variation Claims

11.  Administration of Intestate Estate Disputes

Part 3—Disputes Regarding Assets Passing Outside of an Estate

12.  Disputes and Proceedings Related to Inter Vivos Trusts

13.  Disputes and Proceedings Related to Inter Vivos Transfer

14.  Life Insurance, Registered Account, and Benefit Plan Beneficiary Designation Disputes

15.  Resulting Trusts, Unjust Enrichment, Constructive Trusts, and Secret Trusts

Part 4—Other Types of Estate Disputes

16.  Disputes Regarding Attorneys

17.  Disputes Regarding Personal Representatives and Trustees

18.  Committeeship Applications and Claims Against Committees

19.  Passing of Accounts and Trustees Remuneration Disputes

20.  Litigating Estates under the Indian Act

Forms and Precedents

Tables
Case Table
Statutes and Related Material Table
Index

Buy Now

“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

Stan Rule

“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