Scott Kerwin

Partner

Vancouver
SKerwin@blg.com
604.640.4029
Scott has a broad litigation practice, with specific expertise in trust, estate and incapacity disputes, Indigenous law, constitutional law and general litigation.

In his estates and trusts litigation practice, Scott counsels his clients in a variety of matters, including:

  • probate litigation (disputes concerning the validity of wills)
  • claims to rectify, validate or vary wills under the Wills, Estates and Succession Act
  • claims relating to joint bank accounts or other joint assets, or the misuse of a power of attorney
  • restitution claims against estates
  • the appointment of committees under the Patients Property Act
  • applications concerning the administration of estates and trusts, including executor’s accounts, and the removal and replacement of executors and trustees

Scott also has significant expertise in Indigenous law, with a primary focus on Indigenous rights and title claims, and the Crown's duty to consult Indigenous groups. 

Scott is the regional leader of our Estate Litigation Group, regional co-leader of our Family Wealth Counsel Group, and national co-leader of our Indigenous Law Group.

Prior to being called to the bar, Scott completed a judicial clerkship with the British Columbia Court of Appeal.

Estates and Trusts

  • Provides strategic advice to banks, credit unions and other financial institutions about mental capacity and elder law issues, including the validity and scope of enduring powers of attorney, representation agreements, and committeeship orders.
  • Successfully represented a beneficiary in a claim relating to a joint tenancy over real property in Vancouver, and whether the joint tenancy had been severed: Zeligs Estate v. Janes, 2016 BCCA 280, aff'g 2015 BCSC 7, further reasons at 2015 BCSC 525.
    Successfully represented clients at trial as to whether real property passed to them by right of survivorship:
    Mac v. Mak, 2016 BCSC 1140, aff’d 2017 BCCA 115.
  • Represented a major Canadian bank and trust company in a case involving whether funds in a Registered Disability Savings Plan could be seized by creditors or by a trustee in bankruptcy: Re Alary, 2016 BCSC 2108.
  • Represented clients in proceedings relating to whether documents could be validated as “wills” and admitted to probate despite non-compliance with the legislation: Re Cook Estate, 2019 BCSC 417[ https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc417/2019bcsc417.html]
  • Represented a beneficiary in a dispute over whether a "pour over clause" in a will was valid: Quinn Estate v. Rydland, 2019 BCCA 91 [https://www.canlii.org/en/bc/bcca/doc/2019/2019bcca91/2019bcca91.html], aff’g Quinn Estate, 2018 BCSC 365.
  • Successfully defended a claim made against an estate by creditors of a beneficiary and former executor: Braich Estate, 2017 BCSC 1140.
  • Represented the executor of a $10-million estate in a petition for the interpretation of a will with issues relating to misdescription of beneficiaries, whether certain language was precatory or binding in nature, and the application of the cy-près doctrine for charitable gifts: Re Eberwein Estate, 2012 BCSC 250.
  • Represented a trust beneficiary to obtain an order that Ontario, not British Columbia, was the proper jurisdiction to determine a dispute about a testamentary trust: Gordon Estate v. Venables,2008 BCSC 501.

Indigenous Litigation


Civil Litigation

Beyond Our Walls

Professional Involvement

  • Member, Canadian Bar Association, Aboriginal Law, Wills and Trusts, Elder Law, Constitutional and Civil Liberties Sections
  • Member, Trial Lawyers Association of British Columbia (TLA BC)
  • Student Member, Society of Trusts and Estates Practitioners (STEP)
  • Member, Osgoode Society for Canadian Legal History

Community Involvement

  • Volunteer/pro bono lawyer, Access Pro Bono

Awards & Recognition

  • Recognized in the 2022 (and since 2014) editions of The Best Lawyers in Canada® (Trusts and Estates)

Bar Admission & Education

  • British Columbia, 2001
  • LLB, Osgoode Hall Law School, 1999 (top 1% of class)
  • MA, University of British Columbia, 1996
  • BA (Hons.), University of British Columbia, 1994