CLE Online

Thursday, June 20th

Welcome and Introduction

Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
Laura West — Norton Rose Fulbright Canada LLP, Vancouver

Overview of Estate Planning

• what is an estate plan?
• what are the goals of estate planning?
• what are the components of a typical estate plan?
• foreign property
• taxation
• blended families
• business succession
• disposition on death chart
• First Nations wills
  
  Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
  Laura West — Norton Rose Fulbright Canada LLP, Vancouver

Role Play: The Interview Gone Wrong

Break

The First Appointment

• the role of the lawyer
• preliminary information gathering
• the client interview
• difficult and/or challenging clients
• assessing capacity and undue influence
• post interview steps

Isabel L. Romeral — Boughton Law Corporation, Vancouver

Essential Tax Considerations for Will and Estate Planners

• fundamental tax concepts
  
  • taxation of capital gains
• lifetime transfers and gifts
• tax consequences on death
• registered plans (RRSPs, RRIFs, TFSAs)
• taxation of trusts
• planning strategies to minimize tax

Shawn Tryon — Thorsteinssons LLP, Vancouver

Networking Lunch (provided)

The Will

• property disposable by a will
• preparing your standard will
• drafting considerations
• common drafting errors
• technical requirements for formal execution
• other planning tips and traps

Laura West — Norton Rose Fulbright Canada LLP, Vancouver

Break

Lessons From the Future

• preparing your standard probate application
• probate fees
• time factors
• implications for the estate plan
  
  Kirsten E. H. Wharton — Westcoast Wills and Estates Law Corporation, North Vancouver

Essential Corporate and Business Succession Issues for Will and Estate Planners

• s. 85
• estate freezes
• succession planning
• dealing with family dynamics

David Christian — Thorsteinssons LLP, Vancouver

Friday, June 21st

Opening Remarks

Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver

Role Play: The Interview Gone Right

Professional Conduct

• common complaints about lawyers in wills and estate planning
• ways to avoid complaints
• complaint process and responding to the Law Society

Carolyn R. Anderson — Staff Lawyer, Professional Conduct, Law Society of BC, Vancouver

Avoiding Claims: Common Pitfalls and Tips to Avoid Them

• management of clients and others
• performance of work
• retention of lawyer’s file
• ethical and practice issues

Amy Mortimore — Clark Wilson LLP, Vancouver
Megan Swail — Lawyers Insurance Fund, Law Society of BC, Vancouver

Break

The Use of Joint Tenancies and Beneficiary Designations in Estate Planning

A. Joint Tenancies

• planning opportunities
• possible problem and pitfalls
• “true” joint tenancies v. “false” joint tenancies
• review of recent cases

Emily Clough — Clark Wilson LLP, Vancouver

B. Beneficiary Designations

• insurance (life insurance, trusts)
• RRSPs/RRIFs
• RESPs
• TFSAs

Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver

Lifetime Planning—Not Dead Yet!

• planning for incapacity with respect to financial affairs
• planning for incapacity with respect to health care
• dealing with incapacity where there is no plan
• POA, representation agreement, advance directive, living will

Geoffrey W. White — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver

Networking Lunch (provided)

The Use of Trusts in Estate Planning

• how to choose the right trust: inter vivos or testamentary
• essential components of a trust
• the components of a well drafted trust
• alter ego and joint partner trusts
• bare trusts
• trusts for minors and disabled beneficiaries
• trusts where land in BC is held

Fiona Hunter — Horne Coupar LLP, Victoria

Wills Variation Considerations

A. Recent Wills Variation Cases

• what constitutes “adequate provision”
• reasons for disinheritance
• competing claims by adult children
• competing claims between spouse and children
• blended family claims
• role of executor
• costs

B. Wills Variation and the Family Law Act

• spousal qualification
• the assessment of the legal obligation under the Family Law Act
• family property and excluded property

Break

C. Wills Variation and Other Estate Claims

• wills variation and proof of will proceeding
• wills variation and resulting trust claims
• procedure for bringing all claims at the same time

D. Impact of Wills Variation Estate on Planning

• effective use of a will in contentious circumstances
• memorandum of reasons
• ethical issues relating to planning to avoid variation claims

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Helen H. Low, QC — Fasken Martineau DuMoulin LLP, Vancouver

Closing Remarks