Chapter PD: Estate Planning and Estate Litigation

February 22, 2020

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The aftermath of the loss of a loved one is filled with uncertainty and grief. And because that loved one is no longer around to explain or defend his or her estate planning choices, those left behind are often left with questions and emotions that can turn into time-consuming and expensive conflicts.

The law in British Columbia regarding wills and estates can be complex, and estate litigation – i.e. bringing estate-related disputes to the B.C. Supreme Court to be resolved – is rapidly increasing. Accordingly, it is helpful for all the interested parties in an estate – executors, beneficiaries, family members, and the professionals advising the will-maker in the estate planning process – to be aware of both the pitfalls that can arise in the estate planning process and the nature of the possible claims that can be made against an estate plan after the will-maker’s death.

The topics that will be covered in this presentation will include:

Why should I have a valid will? Does it really matter? (Yes!)

  • Do I need a power of attorney and/or a representation agreement?
  • Testamentary capacity and undue influence – Spotting the warning signs and how to handle them
  • Choosing the right executor
  • Wills variation
  • Joint title and the right of survivorship
  • Do you have a spouse? Are you sure? – The meaning of a “marriage-like relationship” and its consequences for the estate plan
Details
Date:Saturday, February 22, 2020
Time:Registration & Buffet Breakfast: 8:00 am – 9:00 am | Seminar: 9:00 am – 12:00 pm
Location:Morgan Creek Golf Course, 3500 Morgan Creek Way, Surrey, BC
Cost:$50 + GST
CPD | Level:3 hours | General
Register:Click here

About the presenter: David Hunter is a litigation partner at Hamilton Duncan, based in Surrey BC. He has experience in a variety of estate-related disputes, including wills variation claims, trust and unjust enrichment claims, and actions involving issues of capacity and undue influence and has represented clients at all levels of court in British Columbia. He also has experience with elder law litigation, including committeeships and cases concerning elder financial abuse and fraud.

David is also a Past President of the Fraser Valley Estate Planning Council, and was recently recognized in the 2020 Best Lawyers guide for his works in Trusts and Estates.

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