Many charities in B.C. have noticed a sharp increase in civil claims being made on estates - dependants coming forward to claim that they were unjustly left out of a will or given an inadequate share of an estate. Whether you work for a large charity with triple the number of contested estates as you saw just a few years ago, or for a small community organization that might be dealing with its first civil claim, you need to be prepared.
What should you do when you are first notified of a civil claim? What are the timelines, costs, best practices, and risks to your charity? How involved should you really be in the process, and what power do you have as a charitable beneficiary?
One thing is certain: this trend isn’t going away anytime soon. We are in the early stages of the greatest wealth transfer in history, and with that will undoubtedly come a steady increase in contested estates.
In this session, our expert panel will discuss everything you need to know when the notice lands on your desk. Bringing a wealth of experience from three different perspectives – the charity, the lawyer and the executor – our panel has seen it all. From first steps to various conclusions, they will share their vast knowledge so that you will be prepared when one of these files inevitably comes your way.
Panelists:
Patrice Newman, PBN Law:
Patrice has spent over 20 years of her legal career focusing on estate litigation, assisting many charities navigate the processes involved with defending wills variation claims, determining the validity of wills and other related estate documents, and the administration of estates. Patrice is well versed with all aspects of the civil procedures that govern this nuanced area of civil law.
Patricia Ward, Senior Manager, Estates Administration, Heart & Stroke Foundation of Canada:
You would be hard-pressed to find anyone in the Canadian charitable sector with more experience in estate administration and litigation than Patricia Ward. Having managed estate administration programs for some of the largest national charities in Canada for close to 15 years, she has experience in nearly every litigation scenario imaginable.
Steve Ivacko, Partner, Family Office Services MNP LLP:
Steve brings over 20 years of experience in financial services, including his time with a regional independent trust company. He brings a unique view to the area of estate litigation as a professional executor, as well as providing the viewpoint of an accountant with extensive family office experience working with families.
Participants will learn:
• What to do when served with a notice of civil claim, and how to manage the tight initial timelines
• The implications of being involved in a claim, from fiduciary duty to the donor to risk management for the charity
• Potential costs and timelines that come along with a contested estate
• The various potential conclusions and outcomes when an estate is under a civil claim
