Andrew S. MacKay
Partner

PRACTICE PROFILE

Andrew MacKay is group leader of the firm’s Wealth Preservation & Estate Litigation, and a member of the Corporate/Commercial and Health Law Practices. Mr. MacKay advises individuals, corporations and charities with respect to estate planning, estate administration, corporate taxation and reorganization, charities, incapacity, adult guardianship, and estate litigation matters.

In addition to providing legal counsel in estate litigation matters, Mr. MacKay is able to provide legal counsel at a mediation, or he may be retained to act as a mediator, either by counsel to the parties or by the parties directly, to resolve disputes related to estates, estate planning, incapacity, or eldercare, before or after litigation is commenced.

REPRESENTATIVE EXPERIENCE

Estate planning including wills, trusts, powers of attorney, representation agreements and corporate reorganizations.
Estate administration including probate, administration, passing trustee accounts.
Counsel in a wide variety of court proceedings and trials involving the Wills Variation Act, wills interpretation, the Trustee Act, and related estate and adult guardianship disputes including:

          - Saugestad v. Saugestad 2008 BCCA 38
          - The Canada Trust Company v. Shaver 2007 BCSC 54
          - Estate of Jason M.Bird, 2002 BCSC 1584
          - Florence A. Hammond Inter Vivos Revocable Trust, 2001 BCSC 1369
          - Erlichman v. Erlichman (Estate of) et al., 2000 BCSC 1751
          - Quirico v. Pepper (Estate), S4550
          - Royal Trust Corp. v. Hospital for Sick Children (1997) 17 E.T.R. (2d) 57
          - Valencia v. Yaghdjian, A921426

To view the full reports of Andrew MacKay’s recent cases, click on the
link available underneath Andrew’s Practice Areas.

Charitable giving structures including trusts, endowments and foundations.
Mediations involving multiparty, complex estate disputes.

RECENT PUBLICATIONS AND CONFERENCES

January 26, 2010, "Fundamentals of Estate Planning - Wills Drafting", Vancouver, speaker;
November 19, 2009, Society of Trust and Estate Practitioners, "Panic Planning", speaker;
November 5, 2009, Canadian Bar Association Webinar, "Greening your Practice", speaker ;
June 27, 2009, NASABA Convention, "Sustainability in the law firm", speaker;
2005-2009 Continuing Legal Education (“CLE”) Annotated Estate Legislation, contributing author;
2000-2009 CLE Probate and Estate Administration Practice Manual, contributing author;
October 13-15, 2006, Canadian Conference on Elder Law, “The Assessment of Mental Capacity in Estate Planning", speaker;
2006, 2008 British Columbia Law Institute (“BCLI”), Succession Law Reform Project, member of subcommittee;
2005 Pacific Business & Law Institute (“PBLI”) “Drafting Pivotal Wills Clauses”;
2004 – 2005 BCLI Small Estates, Law Reform Committee;
2004 PBLI Estate Planning Issues, “Planning for Incapacity”;
2000 – 2004 CBA BC Wills and Estates, subsection ad hoc Committee on Adult Guardianship Legislation;
2001 CLE The 20 Minute Mentor, “Protecting an Estate Plan from Charges of Undue Influence and Lack of Testamentary Capacity”;
2001 CLE (Victoria), Adult Guardianship Update, “Representation Agreements”;
2000 PBLI , Estate and Incapacity Issues, “Impact of the New Definition of Spouse”;
2000 CLE Adult Guardianship, “The New Representation Agreement Act”; and
1999 CLE Estate Litigation, “Constructive Trusts”.