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Courses/Law/Will and Estate Law

Wills & Estates: Key Drafting Considerations

Master drafting enforceable trusts and wills. Navigate fiduciary duties, capacity challenges, and tax pitfalls to confidently administer estates and minimize disputes in BC.

Created byPaul Choi
BeginnerUpdated Aug 12, 2025
Wills & Estates: Key Drafting Considerations

What You'll Learn

check_circleDraft testamentary and inter vivos trusts with enforceable clauses
check_circleAnalyze undue influence and testamentary capacity challenges
check_circleEvaluate executor duties and fiduciary breaches
check_circleReview landmark cases (e.g., Pecore v. Pecore)
check_circleUnderstand Canada Revenue Agency (CRA) implications in estate distribution

About This Course

Welcome to "Wills & Estates: Key Drafting Considerations," an essential course for legal professionals navigating the complexities of estate law in British Columbia. This program, led by experienced wills and estates lawyer Paul Choi, offers an in-depth exploration of critical topics often encountered in drafting and administering wills and trusts.

Gain practical insights and learn to strategically draft robust legal documents that withstand scrutiny from courts, the CRA, and beneficiaries. Paul Choi, a seasoned practitioner and certified mediator, draws on extensive frontline experience to highlight common pitfalls and best practices in estate planning and administration.

This course will cover:

  • Building Enforceable Trusts: Understanding the three certainties (intention, subject matter, and objects) for creating trusts that survive audits and litigation, including testamentary and inter vivos trusts.
  • Fiduciary Duties of Executors and Trustees: Delving into core duties such as loyalty, impartiality, prudent investment, and the duty to account, informed by recent BC case law and best practices for avoiding personal liability.
  • Capacity and Undue Influence: Examining the legal tests for testamentary capacity (Banks v. Goodfellow) and the impact of WESSA Section 52 on undue influence claims, providing strategies for defending or challenging wills.
  • Resulting Trust Fallouts After Pecore v. Pecore: Analyzing the implications of gratuitous transfers, particularly for joint accounts, real property, and beneficiary designations, and how to effectively rebut the presumption of resulting trust.
  • CRA Pressure Points and Trust Reporting Obligations: Navigating Canada Revenue Agency's enhanced trust reporting regime (T3 returns, Schedule 15), clearance certificates, and strategies to protect fiduciaries from personal tax liability.
  • Procedural Landmines in BC Estate Administration: Addressing pragmatic challenges like probate delays, the validity of holograph wills, applications under the Wills, Estates and Succession Act (WESSA) Section 58, variation of trust acts, and managing digital assets.

By the end of this course, you will be equipped with the knowledge and practical tools to draft comprehensive wills and trusts, advise fiduciaries on their duties, anticipate and mitigate potential disputes, and ensure compliance with regulatory requirements. Enhance your expertise and confidentially manage even the most intricate estate matters.

Your Instructor

Paul Choi
Paul Choi

Lawyer, former Crown prosecutor, and Qualified Mediator and Arbitrator with LL.M in Tax Law

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star18 reviews

Paul Choi is a lawyer, former Crown prosecutor, and Qualified Mediator and Arbitrator (ADR Institute of Canada). He holds an LL.M. in Tax Law and has practiced across criminal, wills and estates, and business and corporate law, drawing on earlier frontline experience in policing. In practice and in the classroom, he focuses on how legal institutions handle risk, evidence, and discretion—particularly at the intersection of public safety, prosecution, and dispute resolution. His teaching and research interests include criminal law and procedure, public policy, administrative and regulatory law, negotiation and mediation, wills and estates, and access to justice. Paul brings a practitioner’s lens to case analysis and skills training, emphasizing ethical decision-making and practical advocacy.

Credit Information

What Students Are Saying

4.4
Student's Choice
18 reviews

Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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