British Columbia Estate Litigation

ebook Volume 1

By Mark S. Weintraub

cover image of 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
  • Committeeships
  • 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.

    Practical Direction

    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
  • British Columbia Estate Litigation