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Wealth Preservation & Estate Litigation Practice Group

Wealth Preservation & Estate Litigation
Practice

Practice Profile

Alexander Holburn Beaudin & Lang LLP's Wealth Preservation & Estate Litigation Practice assists clients in creating and preserving wealth through estate planning, administration and litigation.  We work to address both known concerns and those additional issues which may not be readily apparent to you but which can significantly affect the interests of an estate.

We have a depth of legal talent at various experience levels to ensure that matters are dealt with in a timely and cost-efficient manner.  Our planning and litigation lawyers work closely together to ensure our planning advice addresses all issues that could be raised in a challenge to your plan.  Our litigation work draws upon a thorough understanding of the planning process.  The net benefit is stronger work for our clients.  

Our firm has a history of community involvement, and we are proud to act for several of British Columbia's leading charities.  Our services include the incorporation of societies, the establishment of charitable trusts and foundations, and advising charities and not-for-profits regarding their ongoing administration.

We offer group discounts to employees or members of the same corporation or institution, provide on-site seminars on estate planning to interested companies, organizations and groups, and conduct business succession planning for family businesses.

Estate Planning

We develop comprehensive strategies to minimize taxes and other financial burdens on clients' estates and to protect beneficiaries from needless expense and frustration.  We assist with planned giving for charitable purposes.

•   Wills Drafting

We take the time to carefully examine your needs and explore your options in detail before preparing a will that fulfils your wishes and provides security and certainty to your estate.

 

•   Trusts

Trusts are powerful, flexible tools that may be used to enhance wealth creation and preservation.  We advise individuals, institutions, and businesses on the proper creation, administration, and distribution of trusts to meet a variety of needs.  These include estate freezes, corporate reorganizations, and discretionary family trusts, "joint spousal" and "alter ego" trusts, non-resident trusts, asset-protection, and planning for retirement and succession requirements. We work closely with accountants and other business advisors to structure and implement trusts that meet your present and future needs.

 

•   Estate Planning for Business Owners

We provide comprehensive advice to business owners regarding estate freezes, corporate reorganizations, shareholders agreements, and succession planning. 

 

•   Adult Guardianship - Incapacity Planning

Dependent adults and their families have special needs that require a personal approach. We represent clients making applications for adult guardianship, and advise regarding the responsibilities of trustees and guardians, and the use of enduring powers of attorney.  We provide advice regarding the preparation and use of Representation Agreements and health care directives.

Probate and Administration of Estates

Acting as an Executor or Administrator is a serious and demanding responsibility.  You need timely, practical advice to provide for immediate needs of family members, conserve estate assets and ensure all aspects of the estate are dealt with efficiently.

We can assist you to complete all steps in the proper administration of an estate including: locating wills; locating, collecting and safeguarding assets; preparing all documents necessary to obtain Court approval of your appointment as Personal Representative; dealing with income taxes and other estate liabilities; preparation and passing of the Personal  Representative's Accounts; asset distributions, including land  transfers; and the administration of ongoing trusts for infants or lifetime beneficiaries.

We also advise trust companies, institutions and individuals in administering estates.  We work closely with professionals in the areas of accounting, trusts, banking, insurance and investments, in order to provide you with comprehensive and well-coordinated service.

Estate Litigation

We represent clients in all levels of court, and in alternative dispute resolutions such as mediations regarding estate litigation arising from contested wills, the Wills Variation Act,  trust variations, constructive trust claims, and other estate-related matters.

•   Contested Wills and Trusts

We have acted in many disputes arising from improper will execution, incapacity, undue influence, and poor drafting, and the use of the courts' power to interpret and save charitable gifts.

 

•   Wills Variation

We represent claimants, beneficiaries and estates in wills variation claims by disappointed spouses or children.

 

•   Trustee Disputes

We represent trustees, pension managers, and disappointed beneficiaries, in disputes arising from the administration, or investment by trustees, trustee compensation, and the passing of trustee accounts.

 

•   Constructive Trust Claims

We prosecute and defend unjust enrichment and constructive trust claims.

Mediation

In addition to providing legal counsel in estate litigation matters, Andrew 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.

 

Our Lawyers are Members of:   

  • CBA, Wills and Estates Subsection
  • Estate Planning Council Vancouver
  • Society of Trust and Estate Practitioners (STEP)
  • Leave a Legacy
  • Canadian Association of Gift Planners
  • Canadian Tax Foundation

 

Group Leader

Andrew MacKay 
Direct Line: 604.484.1715 email Address

Lawyers

Roger Bourbonnais*
Emily Clough
Dianna Hwang
Andrew MacKay
Ingrid Tsui

Representative Clients

  • Charities
  • Family Businesses
  • Financial Institutions
  • Hospitals
  • Individuals
  • Trust Companies
  • Universities

Resources

Newsletters and bulletins
Publications

 

To view new "Wills, Estates and Succession Act", 2009 - Bill 4
click here.