Interplay between Aging Death & Divorce 2013
Course Date: June 3, 2013
Course Date: June 3, 2013
Welcome and Introduction
David C. Dundee — Paul & Company, Kamloops
Hugh S. McLellan — McLellan Herbert, Vancouver
Securing Income for Old Age: Pensions, Pension Division, Annuities, and Insurance
- update on pensions under the FLA
- advice on issues involving older clients
Thomas G. Anderson, QC — Anderson Pension Law Consulting, North Vancouver
How Trusts are Used to Deal With Death, Aging, and Divorce
- how are inter vivos trusts used in estate planning?
- how are testamentary trusts used in estate planning?
- how does the FLA deal with trusts?
- how can trusts still be used?
- tax implications of the FLA
David G. Thompson — Thorsteinssons LLP, Vancouver
Colin A. Millar — Richards Buell Sutton LLP, Vancouver
Networking Break
Recent Developments in Capacity and Family Law
- what are the tests
- to marry
- to separate/divorce
- to retain and instruct counsel
- to testify
- who can give instructions for the incapable spouse
- what is the lawyer’s obligation to the client of questionable capacity
- British Columbia Law Institute perspective
Kathryn A. Berge, QC — Cook Roberts LLP, Victoria
Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver
Andrew S. MacKay — Alexander Holburn Beaudin + Lang LLP, Vancouver
Dr. John Sloan — Vancouver
Networking Lunch
Children's Issues
- changes under the FLA
- terminology under the FLA
- the impact of the FLA on the Public Guardian and Trustee
Nicole L. Garton-Jones — Heritage Law, West Vancouver
Cindy L. Jeklin — Public Guardian and Trustee of BC, Vancouver
Grandparents' Rights/Obligations
- child support
- guardianship and parenting arrangements
- contact
- child protection cases
John-Paul E. Boyd — Aaron Gordon Daykin Nordlinger, Vancouver
Stephen G. Wright — Stephen G. Wright Law Corporation, Vancouver
Intergenerational Property Issues: My Money Your House
- family gifts and loans
- presumption of advancement—alive or extinct?
- resulting trusts
- property claims against a party’s parent(s)
- property claims by a party’s parent(s)
Morag M.J. MacLeod — Barrister & Solicitor, Vancouver
Networking Break
Representation Agreements/Powers of Attorney
- how do the default rules affect decision-making?
- drafting considerations for blended families
- authority to make special decisions
- delegated/standby guardianship
- capacity to make powers of attorney and representation agreements
Geoffrey W. White — Geoffrey W. White Law Corporation, Kelowna
Tax Implications Relating to Support
- deductibility of spousal support
- payment of arrears
- deductibility of legal fees
- proving receipt
- child tax credit
Cori L. McGuire — Barrister & Solicitor, Kelowna
Support Binding on the Estate
-
who can apply, and when
-
considerations for the court
-
alternatives
-
language that may imply support survives death of the payor
-
variation or termination after the death of the payor
David C. Dundee — Paul & Company, Kamloops
Roger D. Lee — Davis LLP, Vancouver
Common Law Spouses
-
who is a “spouse”
-
when the relationship begins/ends
-
limitation periods
-
Estate Administration Act
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Wills Variation Act
David C. Dundee – Paul & Company, Kamloops
Roger D. Lee — Davis LLP, Vancouver
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