Estate Litigation-2011 Update

Product Type: Course Materials - Print

ISBN: 978-1-55258-766-9

Pages: 226

Price: $175.00

DescriptionMore DetailContributors

This book is essential for: lawyers practicing in the area of estate litigation; the course may also be of interest to wills and estates solicitors and general practitioners.

Current to: November 2011

Learn about recent court decisions, hot topics, and practice issues in estate litigation. Experienced counsel will update you on the latest developments in the law and provide you with practical tips, strategies, and advice to improve your ability to bring, defend, and mediate estate litigation cases. Topics include: the Wills Variation Act, pleading estate claims under the new Rules, mediation and the resolution of estate disputes, settlement of estate litigation, and tax essentials for estate litigators.

Course Materials Coordinator
Helen H. Low — Fasken Martineau DuMoulin LLP, Vancouver

CLEBC Program Lawyer
Nadia Myerthall
nmyerthall@cle.bc.ca

CONTENTS

Wills Variation Act: The FCA and the WVA, 2009-2011 WVA decision review and update
estate litigation potpourri: common law spouse claims, costs, production of solicitor's files in estate litigation, Pecore
pleading estate claims under the new Rules: Wills Variation Act pleading, resulting trust and breach of trust pleadings, undue influence/coercion, proof in solemn form, unjust enrichment and quantum meruit
mediation and the resolution of estate disputes: the attraction of mediation in estate disputes, usefulness of mediation generally, 'preparing the business', 'ripening the business by degrees', the mediator's opening statement, dealing with emotion, 'mediation-arbitration'
passing of accounts: some practical issues: summary passing of accounts where minor beneficiaries, pre-hearing conferences, passing of accounts and parallel proceedings
settlement of estate litigation: costs as motivating factor, post-mortem estate planning and settlement of estate litigation, logistics of settling estate litigation, specific forms of estate litigation
delusions and impact on capacity - Banks v. Goodfellow: the relationship between testamentary autonomy and delusions
contested committeeship applications: recent case law update, effect of nomination of committee, costs, division of responsibility between committee of estate and person, contested committee practice points
tax essentials for estate litigators: date of death taxation issues, settlement and planning opportunities, tax consequences of tools used in estate litigation

Role	Name
Course Materials Author	Martin R. Taylor, KC
Course Materials Author	Patrice B. Newman
Course Materials Author	Justice Amy D. Francis
Course Materials Author	Deidre J. Herbert
Course Materials Author	M. Scott Kerwin
Course Materials Author	Anna Laing
Course Materials Coordinator	Helen H. Low, KC
Course Materials Author	Andrew S. MacKay
Course Materials Author	Stanley Rule
Course Materials Author	James P. Shumka
Course Materials Author	Claire N. Wilson

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Estate Litigation-2011 Update

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