Interplay Between Aging, Death and Divorce 2017
Course Date: March 3, 2017
Total: 6h 10min
Interplay Between Aging, Death and Divorce 2017
Course Date: March 3, 2017
Total: 6h 10min
Welcome and Introduction
David C. Dundee — Paul & Company, Kamloops
Hugh S. McLellan — McLellan Herbert, Vancouver
Securing Income for Old Age: Pensions, Pension Division, and Annuities
- update on pensions under the FLA
- advice on issues involving older clients
Colin Galinski — Galinski Pension and Benefits Law Corporation, Vancouver
Networking Break
How Trusts are Used to Deal with Aging, Death, 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?
- tax implications of the FLA
Emma J. Ferguson — DLA Piper (Canada) LLP, Vancouver
Fiona Hunter — Horne Coupar, Victoria
Identifying and Responding to Elder Abuse
- financial exploitation
- physical abuse
- psychological abuse
- neglect and self neglect
- resources for practitioners
Kevin Smith — Staff Lawyer, BC Centre for Elder Advocacy and Support, Vancouver
Networking Lunch
Planning for Children: Children's Property and Status
- planning in pre-nuptial or cohabitation agreement
- appointing standby, temporary and testamentary guardians
- default guardianship issues
- conflicts with Master Joyce terms
- planning in wills
- planning in trusts
- insurance – implications for making children beneficiaries
- applying to be children’s property trustee
- status of children and standing in some of these issues
David C. Dundee — Paul & Company, Kamloops
J. Cherisse Friesen — Legal Counsel, Child and Youth Services, Public Guardian and Trustee of BC, Vancouver
Andrea E. Frisby — Legacy Tax + Trust Lawyers, Vancouver
Polyamorous Relationships and Family Law in British Columbia
- the demographics and family characteristics
- the problems of triads and tetrads in a world built for dyads
- polyamorous families and the Family Law Act
John-Paul E. Boyd — Executive Director, Canadian Research Institute for Law and the Family, Calgary
Good Intentions, Unintended Consequences: Whose Property is it Anyway?
- intentions
- assisting a family member
- avoiding probate fees/”estate planning”
- protecting family wealth or a vulnerable family member
- death, divorce, estrangement: unintended consequences
- no documents but it was “always understood that…”
- incomplete, ambiguous, conflicting and ignored documents
- Limitation Act and exceptions
- final thoughts
Jane A. G. Purdie, QC — Hambrook & Company, White Rock
Vanessa J. D. Van Sickle — Barrister & Solicitor, Surrey
Networking Break
Tax Implications
- taxation of pension divisions on death or divorce
- tax aspects of insurance planning in light of the 2016 changes
- select tax issues of inter vivos trusts and testamentary trusts used in estate planning
- tax implications of transfers to children not utilizing inter vivos trusts and testamentary trusts
- tax planning opportunities on matrimonial and estate property divisions of corporate assets
Kenneth R. Hauser — Kenneth R. Hauser Law Corporation, Kamloops
FLA and WESA Primer
- tips for working together
- separation and unmarried spouses
- FLA vs. WESA wills variation claims
- estate issues for family law agreements
John-Paul E. Boyd — Executive Director, Canadian Research Institute for Law and the Family, Calgary
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver
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