Professional Background

Darren Stewart has practiced law for almost ten years and has maintained a focus on estate and trust litigation. Darren often counsels clients in avoiding and resolving disputes without requiring court intervention. He also has extensive experience in the courtroom, and can run a trial as needed to better secure the best possible outcomes.

Darren specializes in representing beneficiaries or executors in a wide variety of disputes, or circumstances requiring court intervention that arise in the context of the administration of a deceased person’s estate. Darren has achieved success in bringing and defending claims to vary a will and claims involving allegations of incapacity against a will-maker. Darren also has a specialty in handling guardianship issues.

Additionally, Darren has worked in the defense of insured liability claims involving injury, occupiers’ liability, property damages or professional liability claims brought against a variety of professionals. He also represents extra-provincial automobile insurers in claims brought against their insureds in British Columbia.

Darren is a member of the Estate Planning Council of Vancouver, and he is a frequent writer on estate and trust-related topics.

Education

  • Bachelor of Arts (English and Professional Writing), University of Victoria: 2002
  • Bachelor of Laws, University of British Columbia: 2009
  • Called to the British Columbia Bar: 2010

Estate litigation

• Represented beneficiary children or spouses in bringing a successful claim under the Wills, Estates and Succession Act to vary the will of their parent and where necessary conducted a trial to achieve that result
• Successfully challenged or defended claims brought to reverse a gift that was made during the life of a deceased person – such as the transfer of a home or bank account into trust with another family member
• Assisted executors, administrators or trustees to pass accounts and administer estates in variety of different circumstances, including where litigation is threatened or a difficult relationship with or among the beneficiaries exists
• Proved or challenged the validity of planning documents such as a power of attorney or will due to undue influence or incapacity due to age, illness or injury
• Brought or defended unjust enrichment claims
• Assisted executors or beneficiaries in disputes over executor’s fees or accounts
• Worked with family members where financial abuse of an elderly or disabled individual has occurred

Other

• Defending injury or occupiers’ liability claims brought against insured individuals or businesses
• Conducting subrogated claims
• Defending claims brought against drivers insured by U.S. based insurers after accidents that occur in British Columbia
• Defending claims brought against construction or other professionals for damage to property or injury

Publications

Articles | Jan 9, 2019

Supreme Court of Canada Revokes an ‘Irrevocable’ Life Insurance Designation for Beneficiary

Publications | Jan 6, 2018

When Two Wills are Better Than One

Publications | Mar 23, 2017

Committeeship: What Happens When You Can’t Manage Your Affairs?

Publications | Jun 28, 2016

Be nice - you can be disinherited