Estate Disputes in British Columbia: A Litigator’s Guide

Practice Point

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!

  • over 40 sample forms and precedents
  • practice discussions and tips for navigating court procedures, managing clients, developing your litigation strategy, and preparing for evidentiary issues
  • step-by-step guidance on procedure
  • succinct discussions of substantive law that will guide you on disputes from the validity of wills, wills variation claims, and actions against fiduciaries, to disputes over inter vivos trusts and transfers

Editorial Board 

Deidre J. Herbert — McLellan Herbert, Barristers & Solicitors, 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
Colleen Cattell, KC — Cattell ADR, Victoria
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
Tenley Pearce — Alexander Holburn Beaudin + Lang LLP, Vancouver
Ken Vimalesan — Scion Law LLP, Vancouver
James Zaitsoff — Legacy Tax, Vancouver

Chapters

1.  Initial Considerations in Estate Disputes

2.  Conflict of Laws in Estate Disputes

3.  Resolving Estate Disputes through Mediation

4.  Proceeding with Estate Litigation

5.  Validity of Wills Disputes

6.  Interpretation, Rectification, and Construction of Wills Disputes

7.  Curing a Defective Will

8.  Wills Variation Claims

9.  Disputes Regarding Attorneys

10.  Disputes Regarding Personal Representatives and Trustees

11.  Committeeship Applications and Claims Against Committees

12.  Inter Vivos Trust Disputes

13.  Inter Vivos Transfer Disputes

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

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

16.  Issues of Spousal Status in Estate Disputes

17.  Administration of Intestate Estates Disputes

18.  Passing of Accounts and Trustee Remuneration Disputes

Forms and Precedents

Tables
Case Table
Statutes and Related Material Table
Index

“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