Course Chair
Helen H. Low, KC — Fasken Martineau DuMoulin LLP, Vancouver
About the Course Chair
Helen Low, KC practices at Fasken in the wills, trusts, and estates area, where she focuses on contentious matters that may lead to litigation. Helen also engages in estate and incapacity planning for clients who want to avoid future litigation. She has taught the Succession law course at the Allard School of Law at UBC for 10 years and is a current contributing author for a number of CLEBC publications related to trust and estates law. Helen is a frequent speaker and author in estate and trust law matters both in BC and nationally. In 2014, she was appointed Queen's Counsel.
Online Moderator
Elise Kohno — Fasken Martineau DuMoulin LLP, Vancouver
Elise Kohno is an Associate in the Specialty Litigation and Dispute Resolution Group specializing in trusts, wills, estates, and charities litigation. She has assisted clients in complex trusts and estates cases at the BC Supreme Court and the Court of Appeal. She has experience in disputes involving variation of wills and trusts, abuses of powers of attorney and trustee breaches, and undue influence and lack of capacity claims.
Elise graduated from the Peter A. Allard School of Law in 2019. Prior to returning to Fasken for articles, Elise clerked for eight justices of the Supreme Court of BC.
Faculty
The Honourable Madam Justice Lauren Blake — Supreme Court of BC, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Deidre J. Herbert — McLellan Herbert, Vancouver
Janis Ko — Fasken Martineau DuMoulin LLP, Vancouver
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
J. Jeffrey Locke — McLellan Herbert, Vancouver
Rebecca M. Morse — Farris LLP, Vancouver
Amy A. Mortimore — Clark Wilson LLP, Vancouver
Stanley Rule — Sabey Rule LLP, Kelowna
Roja Safartabar — Farris LLP, Vancouver
Course Materials Contributors
Daxton Boeré — Articled Student, Farris LLP, Vancouver
Iryna Ponomarenko — Articled Student, Fasken Martineau DuMoulin LLP, Vancouver
Click here for faculty bios
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Annotated Estates Practice 2022
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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, 2022
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!
Highlights of the 2022 Update include:
- all legislation now current to January 15, 2022, including recent amendments to:
- the Wills, Estates and Succession Act, recognizing electronic wills
- the Supreme Court Civil Rules, dealing with probate and administration
- the Financial Institutions Act, concerning applications for business authorization and business authorization for extraprovincial trust and insurance corporations and credit unions
- new annotations and commentary regarding, among others, the following:
- whether a draft will that had not been executed during the COVID-19 pandemic could be considered a valid will
- the specific requirements for commencing proceedings under s. 151 of WESA
- the shifting burden of proof for fraudulent intent
- circumstances where a fiduciary can be disgorged of profits obtained through breaching their fiduciary obligations
- whether trustees can invest property in their personal name (where the investment is to benefit the trust)