Testamentary Capacity & Undue Influence in Estate Planning

with Mark Weintraub, Q.C.

Thursday, June 20, 2019

Learning Options:

Live webinar with chat*
includes 60 day replay

9:00 am – 10:30 am (Pacific)
10:00 am – 11:30 am (Mountain)
11:00 am – 12:30 pm (Central)
12:00 pm – 1:30 pm (Eastern)
1:00 pm – 2:30 pm (Atlantic)

*This program features real-time audio of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A. SK attendees please verify whether you align with Central (MB) or Mountain (AB) time based on season and location.

Registration Fee:

Save $25
Register on or before May 24, 2019
$140.00 + HST

Register after May 24, 2019
$165.00 + HST

OR Get this webinar for $0 with an Individual Annual All Access Pass

Groups Save!

Register 3+ attendees and save up to 25%. See our group discounts here. Contact jennifer@seminarpartners.ca.

CPD Credit Hours:

CPID Credit Hours

ON: This program contains 1.5 Professionalism hours.

BC: This program has been approved for 1.5 CPD hours of professional responsibility and ethics, client care & relations, and/or practice management.

SK: This program has been approved for 1.5 CPD hours, all of which qualifies as ethics.

NB: This program has been approved for 1.5 CPD hours.

Lawyers in all other mandatory CPD jurisdictions may count their actual attendance at the program towards their CPD requirement/plan.

Seminar Partners is an Accredited Provider of Professionalism Content by the Law Society of Ontario, and a pre-approved CPD Provider of the Law Society of British Columbia.

Technical Information:

Live webinars allow you to hear faculty and see their presentation slides, and ask questions by chat. There is no video feed of the presenter(s). You will need a current web browser (Chrome, Safari, Firefox, Internet Explorer), a wired (better than wireless) connection to the Internet of at least 2 Mbps, and Adobe Flash Player 12 or higher. You can test your internet speed/bandwidth here. You can find out whether you have Adobe Flash Player installed here. You can download the player directly here. If you miss the live program, you can access the archive, at your convenience, for 60 days.

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Who Should Attend

Litigators, trust and estates law lawyers, and general practitioners will benefit from attending this course.

About the Program

Will challenges are often based on claims that the testator lacked the capacity to execute a will, or that the will was the result of undue influence. These are not easy matters to assess, especially with new clients for whom you have no frame of reference. As a practitioner, you must assume that the will you are drafting could be contested, and take clear steps to rule out issues of incapacity and undue influence and build a record documenting your conclusions. This exciting new webinar featuring experienced estates counsel Mark Weintraub, Q.C. will review your duties when taking will planning instructions, offer practical techniques you can use to evaluate capacity and undue influence, and discuss how to better help or decline to help a prospective client, while protecting your practice from claims of negligence. By the end of the program you will:

  • Better understand the concepts and context that govern testamentary capacity and undue influence
  • Be more alert to signs of testamentary incapacity or undue influence
  • Improve your ability to assist clients where capacity may be an issue, and respond to concerns of undue influence
  • Know how to protect yourself and assist the court by creating a complete and accurate record

Don’t miss this highly practical presentation exploring issues involved in assessing incapacity and undue influence in will planning engagements and in litigation!

Meet Your Presenter

Cami McLarenMark S. Weintraub, Q.C., is a partner with Clark Wilson LLP in Vancouver. He is the firm's senior estate and trust litigator. He is a frequent presenter and author on issues related to estate and trust litigation. Mark has acted as counsel in a wide spectrum of litigation, including Wills Variation Act claims, negligent or fraudulent estate administration and wills and trusts interpretation, as well as committeeships and claims involving elder abuse. For many years he coordinated the authorship of various topics in the BC Continuing Legal Education Society's Probate Estate Administration Practice and Estate Planning Manuals (2000-2019), and is a contributing author to the British Columbia Law Society Wills and Estates Practice Checklist Manual (2016) and LexisNexis Online Practice Advisor – Estate Litigation – British Columbia Modules (2016-2018). Mark is ranked, by peer reviews, as a Lexpert Accredited Estate Litigator, and in the Distinguished category in Martindale-Hubbell’s compendium.

Program Schedule (Eastern)

12:00 pm - 1:30 pm

Welcome and Introduction

Testamentary Capacity

  • Definition of Testamentary Capacity
  • Common Scenarios that Give Rise to Capacity Issues
  • Documenting Testamentary Capacity: Key Questions to Ask
  • Additional Measures to Establish Testamentary Capacity

Undue Influence

  • Test for Testamentary Undue Influence
  • Burden of Proof
  • Recommended Practices to Avoid Issues of Undue Influence
  • Risk Factors/Red Flags for Undue Influence and How to Respond

Program Wrap-up and Evaluation


"Very practical presentation that dealt with matters that arise constantly in my practice."

"Good practical info. I do a lot of this work and found it very useful."

"Excellent coverage of the topic. Right on point."

"Enjoyed the practical approach. One of the best CPD programs I have ever experienced."

"A dream presenter. Knowledgeable but very down to earth. Answers questions we deal with every day."

"Excellent. I do a lot of work in this field, and I learned several new things."

Returning Registrant

Registration Fees

All costs are in Canadian dollars before taxes.

HST/GST: 848208492

Until May 24, 2019

Testamentary Capacity & Undue Influence in Estate Planning - June 20, 2019 $140.00

After May 24, 2019

Testamentary Capacity & Undue Influence in Estate Planning - June 20, 2019 $165.00

Groups Save!

Register 3+ attendees and save up to 25%. See our group discounts here. Contact jennifer@seminarpartners.ca.

For program information contact:

Jennifer Snoyer at
Tel. 647.352.8633 or
Email: jennifer@seminarpartners.ca

For technical information or assistance using this site contact:

Kyle Thompson at:
Tel: 613.723.1166 x 232