FLA for Estates Practitioners 2014

Course Date: June 20, 2014

Welcome and Introduction

Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver

Property Scheme Overview

  • what is family property and family debt
  • what is excluded property and how can you lose the benefit of it
  • when does the entitlement to an interest in family property arise
  • when and what can the court reapportion

Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver

How are Trusts Treated under the FLA

  • comparison with the FRA
  • case law
  • s. 85(1)(f)—fixed?; what about valuation?

Amy L. Chapman-Fluker — Aaron Gordon Daykin Nordlinger LLP, Vancouver

Networking Break

What is a Spouse under the FLA

  • how to recognize whether your client/the deceased has(d) a common-law spouse
  • how to recognize whether your client is separated for the purposes of the FLA

Emma J. Ferguson — Davis LLP, Vancouver

The Effect of Death on Ongoing Matrimonial Litigation

  • what right does the separated spouse have
  • is the estate a potential debtor or creditor
  • does notice of the application for an estate grant have to be given to the separated spouse
  • carrying on the litigation before there is a grant
  • in an intestacy, who is the appropriate person to be appointed administrator

Eli C. Walker — Aaron Gordon Daykin Nordlinger LLP, Vancouver

Networking Lunch

Support Orders and Estates

  • when is a support order binding on an estate
  • when should a personal representative seek variation of a binding support obligation
  • lump sum payments: when are they warranted and how do you determine the appropriate amount

James W. Zaitsoff — Owen Bird Law Corporation, Vancouver 


  • who is a guardian
  • elements of guardianship—parenting responsibilities
  • death of a guardian—testamentary appointments and appointments in the prescribed form
  • standby guardianship appointments
  • interplay with existing family law orders and agreements

Lynda Cassels — Cassels Murray, Victoria
Michelle Kinney — Cassels Murray, Victoria

Networking Break

A Child's Property and Litigation Guardian

  • small property
  • appointing a trustee—s. 179 applications
    • what is the PGT looking for
    • who gets notice
  • appointing a litigation guardian

Karl A. Maier — Public Guardian and Trustee of BC, Vancouver