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62457.11This paper examines the classes of individuals entitled to make FMS claims; relevant provisions of the Wills and Succession Act; the applicability (and non-applicability) of family property and child support legislation to the Statute of Elizabeth; and unjust enrichment. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.10Estate litigation in Alberta involves navigating complex legal issues. This paper explores the role of the personal representative in managing estate disputes, provides insight into assessing the impact and advisability of litigation, and considers various factors that personal representatives and lawyers acting for interested parties should keep in mind when contemplating or continuing litigation. It also examines the use of estate caveats as a strategic tool in litigation and potential costs consequences of doing so. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.09Though the importance of dower rights has perhaps declined, as most married couples own their matrimonial home in joint tenancy, these rights continue to wield power and can have a variety of unintended and long-lasting consequences when the landowning spouse dies. This paper addresses the purpose of dower, the bundle of dower rights, ownership of land and dower, homesteads, consents and releases, life estates and their values, dispensing with consent, and practical problems. It also provides tips for a drafting solicitor. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.08This paper provides tips to support lawyers as they navigate less common situations throughout the application process, including “to be determined inventory” values, the irregularities section, recalling the application, service of notice to interested persons, other documents after the grant is issued, and withdrawal of counsel. It also provides examples of unusual circumstances and provides potential ways to address them. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.07Solicitors are obliged to address capacity issues when helping a client make a will. The test for capacity articulated in Banks v Goodfellow works for most situations. But what happens in unusual cases? Can lawyers (or judges) rely on the Banks test? This paper provides a framework to deal with capacity issues in non-standard transactions, both in lawyers’ offices during estate planning and in court during litigation. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.06This paper addresses less common or irregular assets that may exist in estate planning or an estate administration practice. Topics addressed include pets, firearms, shares in closely held corporations, life estates in the marital home, and valueless mines and minerals interests. The paper also includes precedent will clauses that could be used to address issues related to these assets. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.05Canvassing legislation, case law, and common practice, this comprehensive paper examines rectification, validation, and interpretation of non-compliant wills; evidence in estate matters, including s 85(2) of the Surrogate Rules, de bene esse evidence, admissibility of hearsay evidence in estate matters, and section 11 of the Alberta Evidence Act; accounting; settlement offers; and costs. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.04When wills and inter vivos transfers are disputed, with the donor or testator often dead, incapacitated, or infirm, the best and most objective evidence is almost always that of the drafting or advising solicitor. This paper examines situations when lawyers may be required to give evidence, potentially relevant types of privilege, waivers, and considerations when compelled or volunteering to give evidence. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.03Many wills and estates lawyers are familiar with basic tax concepts that can arise in an estate matter, such as the deemed disposition on death, spousal and other rollovers, and the tax differences between a testamentary trust and an inter vivos trust. Given their experience in matters before the Tax Court of Canada, the authors explore additional concepts including tax collection tools, tax litigation issues that might arise in a wills and estates matter, and the new reporting requirement for bare trusts. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.02Recent government initiatives have made estate planning in British Columbia more complicated and challenging than what may be the case in Alberta. It behooves Alberta lawyers advising clients who have wealth in BC, or who reside in BC, to ensure that planning undertaken does not result in unexpected taxes and fees arising under BC’s statutory regime. This paper explores the legislative framework in British Columbia and discusses how BC lawyers address the challenges posed. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.01This paper takes a comprehensive look at treatment of the issues across Canada and some of the common circumstances which lead to disputes. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62492.01This paper provides an introductory review of common estate litigation matters, including the preparation of materials and overall file management. It also explores a number of precedents that can be used as you encounter each of these issues. This paper was presented at LESA’s Effective Legal Support: Contentious Estate Matters webinar on March 4, 2025.
