CLE Online

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 

Guardianship

• 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