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Avoiding the Most Litigated Wills & Estates Issues: A Litigator’s Perspective

February 13, 2025 @ 1:30 pm - 3:00 pm

Learning Options:

Live webinar with chat*
includes 60 day replay

9:00 am – 10:30 am (Pacific)
10:00 am – 11:30 am (Mountain)
11:00 am – 12:30 pm (Central)
12:00 pm – 1:30 pm (Eastern)
1:00 pm – 2:30 pm (Atlantic)
1:30 pm – 3:00 pm (Newfoundland)

*This program features real-time audio and video of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A. SK attendees please verify whether you align with Central (MB) or Mountain (AB) time based on season and location.

Technical Information:

Live webinars allow you to hear and view faculty, see their presentation slides, and ask questions by chat. There is no video feed of the presenter(s). You will need a current web browser (Chrome (Chrome works best), Safari, Firefox), a wired (better than wireless) connection to the Internet of at least 2 Mbps. You can test your internet speed/bandwidth here. If you miss the live program, you can access the archive, at your convenience, for 60 days.

Who Should Attend

This program will appeal to wills and estates practitioners. Lawyers practicing in the area of estate litigation may also find the presentation of interest.

About the Program

Wills and estates practitioners – as well as other professionals involved in the estate planning process – can take many different steps throughout the planning process to limit the likelihood of a successful challenge to an estate plan and/or a testamentary document. While litigation cannot be completely avoided, the risks inherent in estate planning transactions can be significantly reduced by taking some relatively simple steps at the front end. In this webinar, experienced estates litigator David Hunter will discuss three of the most litigated issues in estate litigation – testamentary capacity, undue influence, and gifts by right of survivorship. Drawing on recent cases and examples from his own practice, David will offer important insights on the broad duty placed on solicitors in the estate planning process, and the importance of taking accurate and complete notes and properly documenting a will maker’s intentions. By the end of the program, you’ll have a better understanding of key principles and practices that, properly followed, will help avoid pitfalls in the planning and drafting process and save a significant amount of time, energy, and expense for everyone involved. Register early to avoid disappointment!

Meet Your Presenter

David Hunter is a partner and Co-Chair of the Estate and Trust Litigation department at Hamilton Duncan in Surrey, B.C. David has a civil litigation practice with a primary focus on estate and trust litigation. He represents executors, trustees, attorneys, beneficiaries, and other individuals in all levels of court in British Columbia. David has experience in a variety of estate and trust-related disputes, including undue influence and capacity claims, construction and variation of wills and trusts, determination of spousal status, and contentious matters of estate and trust administration. He also advises executors and trustees in the administration of estates and trusts, as well as clients concerned about elder financial abuse. Prior to his call to the bar, David served as a law clerk for six judges of the Supreme Court of British Columbia. David has been recognized by Best Lawyers in Trusts and Estates since 2020 and is a frequent speaker and writer on estate and trust litigation related topics.

Schedule (Eastern)

  • 12:00 pm – 1:30 pm
  • Welcome and Introduction
  • Testamentary Capacity and Undue Influence
    • Testamentary Capacity
    • Undue Influence
    • Failing to Meet the Solicitor’s Duty
    • Tips for Avoiding Challenges
  • Gifts by Joint Title and Right of Survivorship
  • Concluding Remarks
  • Program Wrap-up and Evaluation

Praise for Past Programs

“Good practical info. I do a lot of this work and found it very useful.”

“Very helpful program, appreciated all the practical examples.”

“Very informative and much better and more comprehensive than expected.”

“Terrific program. A lot of useful information in a short time. Well done.”

“Practical, thoughtful presentation. A good refresher and update to my practice in estates.”

Register

Venue

Online