Estate Planning for Blended Families 2015
Course Date: May 22, 2015
Total: 6h 8min
Course Date: May 22, 2015
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
Contributor(s):
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Acting for Blended Families
[25min]
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The Will as a Planning Tool
[45min]
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Wills Variation Issues
[40min]
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Trust Tools and Issues
[45min]
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Family Law Tools and Issues
[43min]
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Other Tools
[52min]
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