British Columbia Estate Litigation
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Spearheaded by estate litigation veterans and featuring content from expert contributing authors, British Columbia Estate Litigation aims to provide a concise but thorough overview of the main issues that British Columbia practitioners might face in the conduct of an estate litigation matter.
As Mark Weintraub explains in the introduction, “Estate litigation encompasses so many different areas of law that a comprehensive text would take many years in the making."
Consequently, he continues, this work is not an exhaustive reference guide, but rather is “intended primarily for practitioners with whom we can share procedural and strategic experience while identifying some of the most frequently encountered contentious issues to permit a more in-depth advocacy and ideally the most creative and innovative advocacy on behalf of a client.”
The contentious issues discussed in British Columbia Estate Litigation include:
- Rectification and “dispensing provision”
- Testamentary incapacity, undue influence
- Wills variation claims
- Resulting Trusts
- Unjust enrichment
- Privilege in the Estate context
- Removal of trustees
- Passing of accounts and executor’s fees
- Conflicts of Law
A unique highlight of this book is the inclusion of a comparative analysis of British Columbia and Ontario succession law written by leading Ontario lawyers Ian Hull and Suzana Popovic-Montag of Hull & Hull LLP.
Replete with authoritative content and insightful guidance, British Columbia Estate Litigation will be especially useful for:
- Wills, estates & trusts lawyers and family lawyers who will find this informative compendium to be an invaluable resource when advising and representing clients
- Law clerks and paralegals who will refer to this resource regularly when dealing with estate administration issues
- Law schools/law libraries who will find it to be a valuable reference for law students, faculty and other borrowers
Contributing authors: Mark Weintraub, Q.C., Amy Moritmore, Gordon Behan, Zachary Rogers, Polly Storey, Emily Clough, Rong (Lauren) Liang, Aaron Pearl, Geoffrey White, Braeden Rahn, Julia Tikhonova, Geoffrey White, Michael Larsen, Catherine Repel, Richard Weiland, Ian Hull and Suzana Popovic-Montag
Table of contents
Chapter 1: Introduction
Chapter 2: Incapacity and undue influence
Chapter 3: Dispensing provision
Chapter 4: Rectification of a will
Chapter 5: Wills variation
Chapter 6: Unjust enrichment
Chapter 7: Resulting trusts
Chapter 8: Variation or termination of trusts
Chapter 9: Applications for “opinion, advice and direction” of the court
Chapter 10: Removal of personal representative
Chapter 11: Proceedings related to the presumption of death
Chapter 12: Passing of accounts
Chapter 13: Privilege in estate litigation
Chapter 14: Committeeships
Chapter 15: Conflicts of law
Chapter 16: British Columbia impacts on Ontario law