Wills & Estates: Key Drafting Considerations

Welcome to "Wills & Estates: Key Drafting Considerations," an essential course for legal professionals navigating the complexities of estate law in British Columbia. This program, led by experienced wills and estates lawyer Paul Choi, offers an in-depth exploration of critical topics often encountered in drafting and administering wills and trusts.

Gain practical insights and learn to strategically draft robust legal documents that withstand scrutiny from courts, the CRA, and beneficiaries. Paul Choi, a seasoned practitioner and certified mediator, draws on extensive frontline experience to highlight common pitfalls and best practices in estate planning and administration.

This course will cover:

• Building Enforceable Trusts: Understanding the three certainties (intention, subject matter, and objects) for creating trusts that survive audits and litigation, including testamentary and inter vivos trusts.
• Fiduciary Duties of Executors and Trustees: Delving into core duties such as loyalty, impartiality, prudent investment, and the duty to account, informed by recent BC case law and best practices for avoiding personal liability.
• Capacity and Undue Influence: Examining the legal tests for testamentary capacity (Banks v. Goodfellow) and the impact of WESSA Section 52 on undue influence claims, providing strategies for defending or challenging wills.
• Resulting Trust Fallouts After Pecore v. Pecore: Analyzing the implications of gratuitous transfers, particularly for joint accounts, real property, and beneficiary designations, and how to effectively rebut the presumption of resulting trust.
• CRA Pressure Points and Trust Reporting Obligations: Navigating Canada Revenue Agency's enhanced trust reporting regime (T3 returns, Schedule 15), clearance certificates, and strategies to protect fiduciaries from personal tax liability.
• Procedural Landmines in BC Estate Administration: Addressing pragmatic challenges like probate delays, the validity of holograph wills, applications under the Wills, Estates and Succession Act (WESSA) Section 58, variation of trust acts, and managing digital assets.

By the end of this course, you will be equipped with the knowledge and practical tools to draft comprehensive wills and trusts, advise fiduciaries on their duties, anticipate and mitigate potential disputes, and ensure compliance with regulatory requirements. Enhance your expertise and confidentially manage even the most intricate estate matters.