Blended Families: Practical Estate Planning Considerations 2010
Course Date: May 20, 2010
Course Date: May 20, 2010
Welcome and Introduction
Shelley A. Bentley — Kerr Redekop Leinburd & Boswell, Vancouver
Kenneth N. Burnett — Miller Thomson LLP, Vancouver
Acting For Blended Families: Conflicts, Confidentiality, and Other Considerations
• client management
• retainer agreements
• who is in the room?
• ethics
Kim A. Karras — Brawn Karras & Sanderson, Surrey
Wills as a Planning Tool
• wills, mirror wills, and mutual wills
• legal theory
• the contractual side
• when and how should they be used
Networking Break
Family Law Tools and Issues
• custody and guardianship of stepchildren
• child support for stepchildren and children of the relationship
• using marriage agreements to control asset division
• hazards of cohabitation agreements
Lunch (on your own)
Trust Tools and Issues
- survey of the options and benefits of spousal trusts
- alter ego trusts joint partner/spousal trusts other options transfer of property to trusts
Sandra L. Enticknap — Miller Thomson LLP, Vancouver
- usage considerations in using for personal property vs. real property
using bare trust declarations with joint tenancies
- deeds of gift insurance declarations
- when to utilize important terms
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Fiona Hunter — Horne Coupar, VictoriaNetworking BreakSome of the Risks of the Planning ToolsA. Wills Variation Act• recent case law specific to blended families• the consideration of legal and moral obligations in the blended family context• law relating to common law spouse vs. adult children variation claimsHelen H. Low — Fasken Martineau DuMoulin LLP, VancouverB. The Public Guardian and Trustee’s Involvement in Wills Variation Act Proceedings: When, Why, and How• the PGT as litigation guardian• comments to the court• the PGT’s perspective on the unequal treatment of beneficiariesKerry D. Sheppard — Office of the Public Guardian and Trustee, VancouverC. Fraudulent Conveyance• overview of Fraudulent Conveyance Act and recent case law• application to estate planning—are traditional estate planning tools subject to the Act?• are potential WVA claimants protected?• does a valid estate planning purpose eliminate the taint of an improper concurrent purpose?• other observationsDuncan J. Manson — Owen Bird Law Corporation, Vancouver
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