Trusts: The Multi-faceted Estate Planning Tool 2012

Course Date: October 19, 2012

Welcome and Introduction

Elaine E. Reynolds — Legacy Tax + Trust Lawyers, Vancouver

Trust Law Update

R.C. (Tino) Di Bella — Jawl & Bundon, Victoria

What It Means To Be a Trustee—A Guide For Clients Acting As Fiduciaries

  • general duties
  • investing trust assets
  • using advisors/delegation
  • liability concerns
  • what is reasonable compensation

Michelle L. Isaak — Davis LLP, Vancouver
Kimberly A. Kuntz — Bull, Housser & Tupper LLP, Vancouver

Networking Break

Practical Considerations For The Family Trust In An Estate Freeze

  • avoiding unwanted attribution of income
  • choice of trustee
  • building in flexibility
  • avoiding unintended association of corporations

Blair P. Dwyer — Dwyer Tax Lawyers, Victoria

Testamentary Trusts—Pros and Cons

  • what makes a trust testamentary
  • benefits of testamentary trusts
  • general income tax considerations
  • can testamentary trust treatment be achieved with an alter ego trust

Stephanie J. Daniels — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Taxation of Beneficiaries of Canadian Trusts

  • distributions to resident and non-resident beneficiaries
  • capital vs. income distributions
  • certificates of compliance
  • adjusted cost base issues
  • withholding tax
  • reporting requirements
  • tax issues for US beneficiaries

Benita Loughlin, CA — KPMG LLP, Vancouver

Networking Lunch

21 Year Rule Planning

  • what the rule really says
  • vesting interests
  • distributing to beneficiaries while retaining control
  • other creative solutions

Nicholas P. Smith — Legacy Tax + Trust Lawyers, Vancouver

Asset Protection Planning Using Trusts—Ethical Considerations

  • what is a fraudulent conveyance?
  • know your client
  • what you can and cannot do

Robert B. Carrothers — Legacy Tax + Trust Lawyers, Vancouver

Networking Break

Trusts and Disability Assistance

  • qualifying for PWD assistance
  • the traditional Henson trust
  • the $100,000 trust
  • using the trust
  • integrating with RDSPs and rollovers

Geoffrey W. White — Geoffrey W. White Law Corporation, Kelowna

Rectification, Variation, Amendment—How to Fix a Faulty Trust

  • ability to rectify, vary, and amend 
  • provisions in trust indentures to rectify, vary, and amend
  • tax consequences of rectifying, varying, and amending 
  • fixing tax problems
  • update on the rule in Hastings-Bass

David G. Thompson — Thorsteinssons LLP, Vancouver