The Great Wealth Transfer: Navigating Estate Disputes
May 28, 2026 at 9:00AM PDT
Downtown Vancouver and Live Webinar
The Great Wealth Transfer: Navigating Estate Disputes
May 28, 2026
Overview
The largest transfer of wealth from generation to generation is upon us.
With great transfers of wealth come great disputes. How can you be prepared?
How best to deal with "disgruntled" or "entitled" heirs?
How can you ensure the wishes of the testator are honoured?
Is the will valid? Was there undue influence? Can the will be varied?
What is fair and reasonable and what will the Courts consider? Will the Courts look at behaviour?
What assets are included or excluded from the estate?
How do you keep a business going during estate disputes?
These and many other tricky questions and situations will be raised and discussed by our knowledgeable faculty.
Come and learn!
Key Areas Addressed:
Validity of the will - capacity and undue influence
Varying a will - what do the courts try to balance? Legal obligations v. moral obligations
What assets are in or out of the estate?
The role of the executor and conflicts for the lawyer
Removing an executor
Keeping the business going during estate disputes
Unjust enrichment claims
Who Should Attend:
Wills, trusts and estate lawyers and their paralegals
Personal representatives
Accountants and tax professionals
Financial planners
Trust officers
Notaries
Agenda
9:00 - Welcome and Introduction by PBLI
9:05 - Chair’s Welcome and Introduction
Rebecca Morse, Partner, Farris LLP
9:10 - Validity of the Will - Capacity and Undue Influence
Aaron Pearl, Partner, Clark Wilson LLP
Notices of dispute & when is filing a notice of dispute an abuse of process
The wills exception to privilege
Procedural issues post Cepuran – when is a trial (or are hybrid procedures) justified?
Determining incapacity & who bears the burden of proof
The test for inter vivos capacity versus testamentary capacity
What is undue influence & who bears the burden of proof?
Examples of undue influence
The disgruntled “entitled” heir
10:00 - Questions and Discussion
10:10 -Refreshment Adjournment
10:25 - Varying a Will -- What Do the Courts Try to Balance? Legal Obligations v. Moral Obligations
Roger Lee, Partner, DLA Piper
Stephanie Ovens, Associate, DLA Piper
The role of the executor
Standing & test for “marriage like” relationship
Traditional versus blended families
Kish v. Sobchak Estate & subsequent case law
When is it justified to divide assets unequally between children?
Division of assets – What is fair and reasonable?
11:15 - Questions and Discussion
11:25 - What Assets Are In or Out of the Estate?
Scott Boucher, Partner, Lawson Lundell LLP
What assets are in the estate? What assets do not form part of the estate?
Tenancy in common versus joint tenancy
Has joint tenancy been severed?
Identifying resulting trusts
Can you set aside a trust?
12:10 - Questions and Discussion
12:20 -Networking Lunch
1:20 - The Role of the Executor and Conflicts for the Lawyer
Daxton Boere, Associate, Farris LLP
What is the role of an executor and executor’s counsel?
Conflicts and calling your colleague as a witness
1:50 - Questions and Discussion
2:00 - Removing an Executor
Geoffrey White, K.C., Counsel, Clark Wilson LLP
2:30 - Questions and Discussion
2:40 -Refreshment Adjournment
2:55 - Keeping the Business Going During Estate Disputes
Rebecca Morse, Partner, Farris LLP
Steve Ivacko, Partner, MNP Family Office Services
The role of administrators
Who best to operate the business while the estate is being litigated
Administration pending litigation
Administration in “special circumstances”
3:40 - Questions and Discussion
3:50 - Unjust Enrichment Claims
Ken Vimalesan, Partner, Scion Law
Are there more unjust enrichment claims than there used to be?
Review of the Kerr v. Baranow case
Joint family ventures in the extended family
Derivative unjust enrichment claims
4:40 - Questions and Discussion
4:50 - Chair’s Closing Remarks
5:00 - Program Concludes
Meet the Chair
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Partner, Farris LLP
Rebecca has a broad range of experience in civil litigation matters including contractual disputes, construction disputes, insolvency and restructuring matters, estate and trust disputes and international trade matters. She is recognized by The Best Lawyers in Canada for corporate & commercial litigation, trusts and estates, and insolvency & financial restructuring law. She is also recognized by Benchmark Litigation Canada as a Top 100 Women in Canada and as a Litigation Star.
She has experience in conducting trials, appeals, mediations, arbitrations and administrative hearings, and Rebecca has acted for a variety of corporations (both publicly listed and privately held), individuals, and financial institutions. She has appeared before the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Canadian International Trade Tribunal. Rebecca has also represented clients in matters before the High Court of Justice of England and Wales.
Rebecca is a member of the Private Enterprise Advisory Services team at Farris which is focused on mid-market privately owned businesses. It is a multi-disciplinary practice group formed to better deliver the specific legal services that these businesses need. The Farris team works closely together to provide comprehensive advice to private clients and their companies, and Rebecca’s contribution is typically focused on providing advice on litigation matters as well as family estate and trust disputes.
Meet the Faculty
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Partner, Lawson Lundell LLP
Scott Boucher focuses his practice on commercial litigation, with particular emphasis on trusts and estate disputes, as well as insolvency and restructuring matters. He advises clients on a broad range of issues, including wills variation and validity claims, elder law and capacity matters, receiverships, CCAA and bankruptcy proceedings, foreclosures, and contract, corporate, and property disputes.
He has appeared before the Supreme Court of British Columbia, the British Columbia Court of Appeal, and the Supreme Court of Canada. His litigation experience spans complex trust disputes, estate administration challenges, and insolvency-related proceedings involving individuals and corporate entities.
Scott holds an undergraduate degree from the University of British Columbia and earned his law degree at Dalhousie University, where he was awarded a Schulich Scholarship for academic excellence and community service. He completed a clerkship at the Supreme Court of British Columbia in 2012, and after articling, spent 11 years practising at a global law firm in Vancouver.
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Associate, Farris LLP
Daxton is an associate in Farris’ litigation group, where they maintain a general litigation practice with a focus on estate and insolvency litigation. Daxton uses they/them pronouns.
Daxton earned their Juris Doctor from the Peter A. Allard School of Law at the University of British Columbia in 2022. While in law school, they were an Associate Editor of the UBC Law Review, Co-President of the 2SLGBTQIA+ student group OutLaws, and founder and President of Trans @ Allard.
Prior to attending law school, Daxton held numerous jobs ranging from frozen pea quality control tester to oil field construction labourer to toy store stock manager. They have a Bachelor of Arts in English grammar and rhetoric from UBC and a corresponding love of a well-positioned em dash.
Daxton enjoys weightlifting, historical longsword fighting, and plying their friends and colleagues with baked goods.
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Partner, DLA Piper
Roger Lee is a member of the firm’s litigation department, with a broad estate litigation practice. He also has significant experience with general commercial litigation, including forestry and construction disputes, land related issues (including leasing), and fraud related recovery work.
Since his call to the bar, Roger has developed an extensive practice in trust and estate litigation. He assists individuals and charities with respect to their rights under the wills variation provisions of the Wills, Estates and Succession Act, estate administration issues, as well as issues relating to the validity of wills and other testamentary instruments. He also advises corporate and individual trustees, as well as personal representatives, of their legal obligations and duties, and also acts for beneficiaries who question the actions of the executor or the trustees of their particular trusts.
Roger also deals with construction disputes on a regular basis, acting for owners, insurers, and contractors in claims relating to builders liens, design negligence, general construction defects and deficiencies, and their remediation.
He has advised and assisted various clients – both licencees and contractors – with respect to forestry issues, particularly related to rate disputes.
In addition to the above, Roger has assisted clients on a broad range of other commercial litigation, including commercial fraud and recovery of assets, mortgage fraud, lease disputes (including rental arbitrations), and other land related disputes. He has also served as the independent supervising solicitor for numerous Anton Piller injunctions
Roger has appeared as counsel before all levels of provincial courts, including the provincial family, small claims and criminal courts, the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Queen’s Bench of Saskatchewan.
He has also appeared as counsel before commercial arbitrators and mediators and administrative tribunals.
Roger is a frequent speaker on topics associated with estate litigation. He has given numerous lectures on the area to other legal practitioners as well as to other groups, such as the Estate Planning Council of Vancouver, the B.C. Continuing Legal Education Society and the Canadian Association of Gift Planners. He was a committee member for the B.C. Law Institute’s projects on the law relating to mental capacity and on the reform of the Supreme Court Rules related to probate matters.
Roger has been listed in the The Best Lawyers in Canada directory under Trusts and Estates (Litigation) since 2006, and is recognized by Lexpert® and Benchmark Canada as a leading practitioner in the field of estate and trust litigation.
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Counsel, Clark Wilson LLP
Geoffrey White has 25+ years of expertise in will, estate and trust matters. He assists clients both at his “heritage” office in Kelowna and at Clark Wilson LLP in downtown Vancouver. Geoff is an editor of BC’s Probate & Estate Administration Practice Manual, which is acknowledged as the primary source for all estate matters in the province. He has litigated estate and trust matters at all levels of court including the BC Court of Appeal and Supreme Court of Canada. These matters include: discretionary trusts, multiple wills, removal of an executor, and international conflict of laws. He is currently the chair of the BC Law Foundation, and has held leadership roles with national Canadian Bar Association, the Society of Estate and Trust Practitioners, and Estate Planning Societies. Geoffrey White has been recognized by Best Lawyers Canada for Trusts and Estate Law since 2019.
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Associate, DLA Piper
Stephanie Ovens is an associate in the Litigation, Arbitration and Investigations group, where she focuses on family law and estate matters. She has appeared at all levels of court in B.C., and in alternative dispute resolution forums (mediation and arbitration).
Stephanie’s family law practice includes asset division, spousal support, child support, and drafting and advising on cohabitation, marriage, and separation agreements. She is a certified collaborative family lawyer.
Her estate litigation practice is broad, and includes wills variation claims, removing personal representatives, the validity of wills, debt and common law trust claims, Committeeship applications, and claims relating to documents that do not meet the formality requirements of a will in B.C. She also assists clients in estate planning matters, including drafting wills, representation agreements, and powers of attorney.
Stephanie’s practice also includes matters where estate matters and family law intersect, including family claims where a spouse is deceased, seeking support against an estate, and issues of contested separation and spousal status with estates.
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Partner, MNP Family Office Services
Steve is a member of MNP’s Family Office Services team in Vancouver. With almost 20 years of integrated wealth planning experience, Steve builds deep and lasting relationships with entrepreneurs, professionals, business owners, and their families. He delivers proactive, practical advice and solutions on tax, estate planning, continuity and succession, governance and philanthropy, bringing peace of mind to his clients, and helping them ensure wealth continuity and transition within their families.
Steve earned a Bachelor of Arts (BA) in finance and economics from the University of Western Ontario – Huron College in 1997. He is a Chartered Professional Accountant (CPA), qualifying as a Certified Management Accountant (CMA) in 2001. Steve completed the Canadian Securities Course in 2003 and In-Depth Tax – Owner Managed Business course in 2019. He is a Trust and Estate Practitioner (TEP) (2014) and a Family Enterprise Advisor (FEA) (2018).
Steve previously held the role of president of the Estate Planning Council of Vancouver, and is currently a Champion for Anxiety Canada, having previously served on the board of directors for five years, including as board chair.
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Partner, Clark Wilson LLP
Aaron is a dedicated advocate practicing exclusively in estates and trusts litigation and elder law. As a partner at Clark Wilson, Aaron has built a distinguished practice representing clients in complex and emotionally charged disputes arising from the death of a loved one and the distribution of their estate. For over a decade, clients have trusted Aaron to guide them with practical advice, sound judgement, and tenacious advocacy in mediations and at all levels of court in British Columbia.
Aaron is distinguished as a Trust Estate Practitioner (TEP), having completed the Society of Trust and Estate Practitioners certification program. He excels in identifying efficient and strategic solutions tailored to our clients’ needs. While Aaron tirelessly champions our clients in the courtroom, he also understands the value of resolving disputes efficiently and amicably through negotiation or mediation when possible. His ability to balance pragmatic solutions with decisive legal action ensures that our clients’ interests are always safeguarded.
Beyond his successful legal practice, Aaron is a frequent speaker and contributor to leading industry publications, having spoken at Continuing Legal Education (CLE), Society of Trust and Estate Practitioners (STEP) and Pacific Business & Law Institute (PBLI) events. He is committed to advancing the legal community, having authored and editing chapters and articles on estates and trusts law and strategy, including penning the Resulting Trusts section of the authoritative British Columbia Estate Litigation textbook.
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Partner, Scion Law
Ken represents executors, trustees, and beneficiaries in estates and trust matters including estate administration issues, the validity of wills, wills variation, and the interpretation of wills and trusts.
Ken advises clients on the full range of wills, estates and trusts issues, including:
the validity of wills and trusts
curing or rectifying wills, trusts, and other testamentary documents
wills variation under the Wills, Estates, and Succession Act
the interpretation of wills and trusts
the administration of estates and trusts
removing an executor, trustee, or administrator
the passing of accounts.
Ken acts for individuals and institutions in disputes regarding wills, trusts, and estate administration issues. Ken has represented clients at the British Columbia Supreme Court, the British Columbia Court of Appeal, and at mediations.
Ken helps executors, trustees, and administrators apply for probate or administration and advises on their rights and responsibilities in the administration of estates.
Ken founded Scion Law in 2022 to help clients understand and navigate the legal system. Ken has practised in the area of wills, estates, and trusts since 2016. Ken studied law at Dalhousie and English literature at UBC.
Registration Form
Program:
The Great Wealth Transfer: Navigating Estate Disputes
Date:
May 28, 2026
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $990.00 plus GST of $49.50 totalling $1039.50 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by April 28, 2026 and receive a $100 discount on the registration fee ($890.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Mastercard or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (May 21, 2026). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Attendance at this course can be listed for up to 6.5 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com (*This form is for registrations of 5 or more and cannot be combined with any other promotions/discount codes.)
For individual registration, please continue with form below.