LESA’s Refresher 2025: Wills and Estates (Victoria)

Thursday

Assessing and Arguing Capacity in Non-Standard Transactions
Presenters: John E.S. Poyser, Jennifer Lamb, Helen R. Ward KC

The capacity test necessary for a will is common knowledge, but what is required in other transactions? What about when making a minor gift? Settling a gold coin? Making a codicil or adding an administrative clause? Settling half of a person’s worldly goods into an alter ego trust? Voting shares to approve corporate reorganization?

Discover how to develop and deploy capacity tests for each of these scenarios. Solicitors will gain important planning insights, and litigators will discover useful tips for impeaching or defending a transaction.

The Lawyer as Witness: Privilege and Waiver in Life and Death
Presenter: Layne N. Thiessen

Learn about privilege and waiver, a lawyers’ duties to present and past clients, ethical considerations, and how to develop best practices when dealing with confidential and sensitive information as a solicitor or barrister.

Cross-Border Considerations for Albertans Owning Assets in British Columbia
Presenter: Fiona Hunter

Discuss regional differences between Alberta and British Columbia, current case law, as well as drafting and litigation considerations when operating in the two jurisdictions.

Friday

Intersection of Family Property and Estate Matters
Presenter: Michael Klaray

How do you assist your client with a strong family maintenance and support claim when all of the assets are gone? Can you drag assets transferred in life back into an estate? Examine this topic from multiple perspectives: when there was a divorce and family property action and when there is no warning and such transfers come as a surprise to the surviving spouse. Consider what planning, if any, can be done if your client wishes to try to defeat a family maintenance and support clam through inter vivos transfers.

De-Escalating High Conflict Behaviour
Presenter: Michael Lomax

Michael Lomax is a highly experienced mediator and conflict resolution trainer and former lawyer. Michael has conducted hundreds of workplace and family mediations and was the director of a federal government workplace mediation centre. Michael is an Associate Speaker/Trainer with the High Conflict Institute based in San Diego, CA, and regularly delivers workshops on how to manage high conflict personalities. Learn from Michael on how to best deal with strong personalities and high conflict relationships whether it be your client, opposing counsel, or their clients. 

Navigating Competing and Conflicting Claims in an Estate, Caveats, and the Importance of Independent Legal Advice
Presenters: Jennifer Lamb, Paul E. Reid, Layne N. Thiessen

How do you plan around and litigate competing and conflicting claims? When and how do you attempt to stop administration to resolve competing and conflicting claims? When drafting, what approach should you take to weigh potential claims?

Explore real world issues that come into play when sorting out claims and gain insight into the application of independent legal advice when an estate becomes complicated by competing claims.

How to Navigate the Surrogate Digital Service (SDS) in Unusual Applications
Presenter: Torri Woods

The SDS system revolutionized estate administration, but it doesn’t address all situations. Delve into unusual applications through case studies that explore such situations as limited grants, correcting applications, or appealing decisions when an order is required.

Unwitting Tickets to the Tax Court
Hon. Don R. Sommerfeldt

Join a retired Tax Court of Canada (TCC) judge to deepen your understanding of tax litigation tips and traps, TCC procedures and advocacy, and drafting pitfalls that create unexpected tax consequences for trusts and estates.

Topics include the role and importance of clearance certificates, the CRA’s collection power under s 160 of the Income Tax Act, the fallout from the Supreme Court’s Collins Family Trust decision, incomplete tax settlements interrupted by an unexpected death, bare trusts, and the use of expert valuation reports in respect of property that is the subject of the deemed disposition on death.

Saturday

Death and Dower Rights
Presenter: Tracy King

While dower rights are generally understood, often too little attention is paid to the details and how these rights may ultimately impact the administration of an estate when the landowner dies leaving behind a spouse who is not on title.

Dive deeper in a review of recent case law and discover exactly what dower rights include (which may surprise you!), what difficulties can arise, strategies for overcoming challenges, and tips for the drafting solicitor.

Broken Promises or Best Intentions? Exploring Common Truths and Misconceptions Surrounding Joint Ownership in Canada
Presenters: Kimberly Whaley, Nancy Lynn Golding KC, Les Scholly

Recent caselaw surrounding joint ownership of assets in Canada has highlighted not only tension between the law in gifts and rights of survivorship but has also demonstrated some of the potential pitfalls in using joint ownership as an estate planning vehicle.

This presentation will explore joint ownership through the lens of the presumptions of Resulting Trust and Advancement by taking a comprehensive look at treatment of the issues across Canada and some of the common circumstances which lead to disputes.

Join us as we review recent decisions and the divergence of outcomes in the context of remedial proceedings to reaffirm beneficial ownership, restore title, and respond to misappropriation. We’ll also address practical steps and planning to prevent abuse and navigate the restitution of abuse.

Administration of Problematic Assets
Presenter: Les Scholly

Discuss commonly occurring but unusual assets you may encounter in the administration of an estate: selling a business, dealing with professional corporations, good will, family use property, collections, bullion, and more.

Navigating the Rules and a Practical Approach to Estate Litigation
Presenters: Nancy Lynn Golding KC, Helen R. Ward KC, Michael Klaray

Glean important information from senior practitioners about how the court considers costs, accounting (including Rule 99 applications and pre-death transactions), rectification, interpretation, validation, non-compliant documents, as well as evidence and hearsay (including the discovery of drafting solicitors and what drafting solicitors can do in anticipation of litigation).

Conference attendees are responsible for their own lunch and dinner arrangements on Thursday

Conference attendees are responsible for their own dinner arrangements on Friday

Conference attendees are responsible for their own dinner arrangements on Saturday

Note: Presentation start/end times are approximate and subject to change

Special Victoria Discounts:

As an attendee of LESA’s Refresher conference, you are eligible for VIP Program discounts at various Victoria attractions, tours, shops, restaurants, transportation, and businesses during your stay. Simply show your LESA conference identification and VIP decal at participating locations to redeem special offers and discounts. Offers and deals can be found near the bottom of the page here: https://www.destinationgreatervictoria.com/meetings/victoria-conference-centre/vip-program

Travel

LESA has secured a 5% discount off WestJet Econo flights and 10% off EconoFlex and Premium fares for travel to Victoria. The discount will not apply to Ultra Basic or Business class bookings. To take advantage of this offer, please use discount code 1L9Q8LK when booking your flights. Travel must be between April 3–19, 2025.

Hotel Accommodations

LESA has obtained conference rates at select hotels within walking distance of the Victoria Conference Centre. Rooms at the conference rate are limited and once gone, the next best available rate will be offered. Please see below for booking information.

Chateau Victoria Hotel & Suites | The room block reservation deadline has passed. You may contact the hotel directly to inquire about availability of rooms and best available rate.

Victoria Marriott Inner Harbour | The room block reservation deadline has passed. You may contact the hotel directly to inquire about availability of rooms and best available rate.

DoubleTree by Hilton Hotel & Suites Victoria | The room block reservation deadline has passed. You may contact the hotel directly to inquire about availability of rooms and best available rate.

Rates are subject to applicable taxes and fees. For additional accommodations near the Victoria Conference Centre, browse alternate hotels here.

Thank you to our sponsors:

Conference Sponsor: BridgePoint Financial

Exhibit Sponsor: Appara, Dye & Durham, Estateably, EQ Bank, LawyerDoneDeal, Prolegis, 

If you are interested in sponsoring LESA’s 2025 Refresher, contact us at info@lesa.org.