Estate Planning for Blended Families 2015

Course Date: May 22, 2015

Total: 6h 8min

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 Karras Brawn Karras Sanderson, Surrey

The Will as a Planning Tool

  • will drafting considerations to minimize dispute
    • choosing personal representatives
    • personal effects
    • structure of gifts
  • use of mirror wills, multiple wills, and contracts
  • when is the will the right tool

Genevieve N. Taylor Legacy Tax + Trust Lawyers, Vancouver

Wills Variation Issues

  • changes to wills variation practice under WESA
  • assessing the legal obligations to the spouse in light of the Family Law Act
  • update on variation cases involving blended families
  • using inter vivos trusts to avoid variation—the recent case law
  • solicitor’s responsibilities in planning with a will or non-will tools

Helen H. Low, QC Fasken Martineau DuMoulin LLP, Vancouver

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
  • transfer of property out of trusts
  • bare trust issues

Sandra L. Enticknap, QC Miller Thomson LLP, Vancouver

New Taxation Regime for Estates and Trusts

  • taxation of life interest trusts on death—impact on blended families
  • consequences of graduated rate estates for blended families
  • qualified disability trusts

Kate S. Marples Legacy Tax + Trust Lawyers, Vancouver

Networking Break

Family Law Tools and Issues

  • WESA changes
  • using family law agreements effectively to deal with asset division on death
  • incapacity of spouses in the blended family context
  • stepchildren parenting/guardianship and support issues

Anna Laing  Fasken Martineau DuMoulin LLP, Vancouver

Networking Lunch

Other Tools

  • WESA changes
  • joint tenancies update
    • post-Pecore usage
    • Sawdon Estate v. Sawdon case
    • considerations in using for personal property vs. real property
    • using bare trust declarations with joint tenancies
    • with agreement to fund obligations
  • deeds of gift
  • insurance and RRSP/RRIF disignations
    • when to use
    • practical tips

Michelle Isaak  DLA Piper (Canada) LLP, Vancouver

Networking Break

Powers of Attorney and Representation Agreements

  • issues with powers of attorney
  • using the adult's assets to support others 
  • when can an attorney sever a joint tenancy
  • representation agreements vs. health care advance directives

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

Some Risks of the Planning Tools—Fraudulent Conveyance

  • overview Fraudulent Conveyance Act and recent case law
  • application to estate planning—are traditional estate planning tools subject to the Act
  • are potential wills variation claimants protected
  • does a valid estate planning purpose eliminate the taint of an improper concurrent purpose
  • practical advice for estate planners
  • other observations

Duncan J. Manson Owen Bird Law Corporation, Vancouver