Michelle Isaak is an associate in the Vancouver office of Davis LLP where she practices Wills, Estates and Trusts. Ms. Isaak joined Davis LLP after completing her articles with the firm. Before focusing on estate and trust law, she practiced general litigation, appearing at the trial and appellate levels of court and making written submissions to the Supreme Court of Canada. Before joining Davis LLP, she clerked at the B.C. Supreme Court for the late Chief Justice Brenner and five other justices of the Court.
As part of her practice, Ms. Isaak advises clients on all aspects of trust and estate planning, including wills, alter ego trusts, and family trusts involving privately held companies. A significant portion of her practice is devoted to advising executors, trustees and beneficiaries on estate administration issues, such as obtaining grants of probate and letters of administration; administering assets and trusts; addressing disputes; and passing accounts, both informally and through the B.C. Supreme Court. Ms. Isaak has particular expertise in complex trust, estate planning and estate administration issues, including:
· Multijurisdictional estates: resealing foreign grants of probate, recovering assets in foreign jurisdictions, and resolving complex conflicts of law issues;
· Aboriginal estates and trusts: advising First Nations governments and individuals on various issues, including estate administration procedures under the Indian Act, estate planning for individuals, and trusts;
· Insolvent estates: advising personal representatives on administering a deceased's assets and liabilities in the context of insolvency;
· Estates involving acrimonious relationships: advising personal representatives and beneficiaries on estate administration issues and disputes where family relationships are acrimonious, including cases where a beneficiary has become disentitled from a share of the deceased's assets as a result of murder.
In addition to estate planning and administration, Ms. Isaak also advises clients on planning for incapacity through powers of attorney and representation agreements, and addressing capacity issues through committeeship, both for persons being declared incapable and their families, as well as those seeking to be declared capable by the B.C. Supreme Court. She is also experienced in advising persons with disabilities and their families on the use of trusts to protect disability-related benefits and programs.
Ms. Isaak is an annual contributor to CLEBC publications, including the Annotated Estates Practice and the WESA Transition Guide. She presents frequently on the subject of wills, trusts and estate administration: recent engagements include presentations to members of the Estate Planning Council of Vancouver, Planned Lifetime Advocacy Network, Canada Revenue Agency, CBA Wills and Estates (Vancouver) Section, and the UBC Faculty Association.
Ms. Isaak's volunteer activities include acting as a director of Cottage Farm Centre for Mental Health Recovery Society, a non-profit organization working on the establishment of a residential therapeutic community for individuals with mental illness.
Before entering law school, Ms. Isaak was the Assistant Band Administrator for the Fort McKay First Nation in Northern Alberta, a bicycle tour guide in Europe and North America, and the owner/operator of a Vancouver area antiques business.
Directorships, Memberships & Professional Activities
Ms. Isaak's professional activities and volunteer involvements include:
· Member of CBA Wills and Trusts (Vancouver) Section
· Member of CBA Family Law Section
· Cottage Farm Centre for Mental Health Recovery Society, director
Publications & Seminars
· Conducted presentation on "Dealing with Insolvent Estates" at meeting of Estate Planning Council of Vancouver on March 29, 2011.
· Conducted presentation on "Will, Estate and Incapacity Planning" to UBC Faculty Association on February 2, 2009.
· Drafted paper and conducted presentation on "Key Provisions of Wills and Trusts" at Pacific Business & Law Institute conference entitled "Estate Planning: Current Issues and New Legislation" on January 27, 2011.
· Drafted paper and conducted presentation on "Insolvent Estates" together with Shelley Fitzpatrick at CLEBC's "Wills, Estates and Trusts Conference 2009: Estate Planning and Administration Update" on November 26, 2009.
Publications
Will Instruction Questionnaire
Will Planning and Related Legal Issues