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British Columbia Estate Litigation

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.
Publication Language: English
Book
$195.00
Quantity

Softcover | Approx. 400 pages

This Product is on PreOrder
Published:
ISBN/ISSN: 9780433494645

Product details

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 and no doubt thousands of pages.”

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:

  • Challenges to the validity of a will or trust
  • Wills variation claims
  • Claims against an estate
  • Evidence in estate litigation (testamentary capacity, undue influence)
  • Mediation
  • Passing of accounts and executor’s fees
  • Removal of trustees
  • Unjust enrichment
  • Constructive trust and quantum meruit claims
  • Dependant relief legislation post-Tataryn

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.

Practical Direction
Chock-full of 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

Featured authors

Table of contents

Chapter 1 : Introduction (Mark Weintraub, Q.C.) 
Chapter 2 : Incapacity and undue influence (Gordon Behan)
Chapter 3: Dispensing provision (Amy Mortimore)
Chapter 4 : Rectification of a will (Zachary Rogers)
Chapter 5 : Wills variation (Polly Storey)
Chapter 6 : Unjust enrichment (Rong (Lauren) Liang)
Chapter 7 : Resulting trusts (Aaron Pearl)
Chapter 8 : Variation or termination of trusts (Geoffrey White)
Chapter 9 : Applications for “opinion, advice and direction” of the court (Michael Wilson)
Chapter 10: Removal of personal representative (Geoffrey White)
Chapter 11: Proceedings related to the presumption of death (Michael Larsen)
Chapter 12: Passing of accounts (Catherine Repel)
Chapter 13: Privilege in estate litigation (Richard Weiland)
Chapter 14: Committeeships (Emily Clough)
Chapter 15: Conflict of law (Rong (Lauren) Liang)
Chapter 16: British Columbia impacts on Ontario law (Ian Hull and Suzana Popovic-Montag)