This comprehensive text addresses the following issues:

  • Testamentary incapacity and undue influence
  • Dispensing provision under WESA
  • Rectification of a will
  • Wills variation claims
  • Unjust enrichment
  • Resulting trusts
  • Variation or termination of trusts
  • Applications for opinion, advice, and direction
  • Removal of personal representatives
  • Proceedings relating to the presumption of death
  • Passing of accounts
  • Privilege in estate litigation
  • Committeeships
  • Conflicts of Law

About the Authors:

Mark Weintraub, B.A., M.A., LL.B., Q.C.

Mark Weintraub is a partner and senior estate and trust litigator. He has acted as counsel in a broad range of litigation matters, including wills variation claims, negligent or fraudulent estate administration, wills and trusts interpretation, as well as committeeships, power of attorney disputes and claims involving elder abuse. A number of Mr. Weintraub’s cases have involved novel points of law and complex factual issues related to the legal obligations of executors and committees, powers of attorney, trust claims, and gender discrimination.

In addition to his estate litigation practice, Mr. Weintraub has focused locally and internationally on promoting human rights. He served on the first B.C. Law Society Multiculturalism Committee and was Chair of the Canadian Jewish Congress (Pacific Region). Mr. Weintraub has presented and written extensively on various estate and trust litigation topics, and has been a contributing author for a number of authoritative resources, including the Continuing Legal Education Society of British Columbia’s publications, the British Columbia Law Society Wills and Estates Practice Checklist Manual and Lexis Practice Advisor® (Wills, Trusts & Estates – British Columbia) modules. Mr. Weintraub earned his Master of Arts in History of Religion from the University of British Columbia and his Bachelor of Laws from the University of Toronto.

To learn more about Mark, you can view his full profile here.

Amy A. Mortimore, B.A., LL.B.

Amy Mortimore is a partner and Co-Chair of the firm’s Estates and Trusts Litigation Practice Group. She practices exclusively in the area of estate and trust litigation, including elder law. Ms. Mortimore has appeared at all levels of court in British Columbia and at the Supreme Court of Canada. She is committed to continuing legal education and has been a Director of the Continuing Legal Education Society of British Columbia since 2016, and currently serves as Chair. Ms. Mortimore regularly chairs or speaks at multiple conferences every year, including symposia for STEP, Trial Lawyers Association of British Columbia, Canadian Association of Gift Planners, Canadian Bar Association, the Continuing Legal Education Society of British Columbia, and Advocis. She is also a frequent contributor to legal publications, such as the Continuing Legal Education Society Estate Manuals. Ms. Mortimore has been recognized by her peers as a leading estate and trust practitioner. She obtained a Bachelor of Arts from the University of British Columbia and a Bachelor of Laws from the University of Victoria.

To learn more about Amy, you can view her full profile here.

About Clark Wilson’s Estates & Trusts Group:

Our Estates & Trusts practice includes all areas of solicitor and litigation work. Our lawyers are widely regarded as authorities in the industry, and leaders in the bar. We are consistently at the forefront of the development of the law, leading some of the highest profile legal organizations in British Columbia whose fundamental goals include advancing the law and legal education. Over the past few years, collectively, the team has conducted over 75 presentations to legal and industry professionals, chaired 11 conferences and planned further 6 conferences.

To learn more about our Estates & Trusts Group, click here.