Trusts in the 21st Century 2023: The Seas are Getting Choppier
Course Date: May 25, 2023
Total: 5h 11min
Total Ethics: 1h
Course Date: May 25, 2023
Welcome and Land Acknowledgement (9:00 – 9:10)
Fiona Hunter — Horne Coupar LLP, Victoria
The New Federal Reporting Requirements (9:10 – 10:05)
- 2022 filing requirements for trusts
- reporting requirements for 'reportable transactions' and how they may affect your practice
- new federal law prohibiting non-residents from purchasing residential Canadian real estate
Kathleen A. Butler — Dwyer Tax Law, Victoria
Blair P. Dwyer — Dwyer Tax Law, Victoria
BREAK (10:05 – 10:15)
Navigating Trusteeship: Advising Trustees in Both Calm and Stormy Times (10:15 – 11:10)
- adding and replacing trustees
- protecting retiring trustees
- understanding and using statutory trustee powers
- amending administrative powers in existing trusts
- when to seek advice and direction from courts
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
BREAK (11:10 – 11:20)
Settling Property (11:20 – 12:15)
- how to settle land on trustees
- understanding settlor's interest in private companies (type of shares, restrictions in articles or USA on transfers, shareholders loans)
- understand how change of trustees may trigger yearend
- drafting considerations
Paula Bosenberg — Horne Coupar LLP, Victoria
Caroline Deane — Horne Coupar LLP, Victoria
LUNCH (12:15 – 12:55)
Overriding Powers (12:55 – 1:50)
- what are they
- powers of appointment
- powers of advancement
- powers of resettlement
- how and when to use
Alison Oxtoby — Fasken Martineau DuMoulin LLP, Vancouver
BREAK (1:50 – 2:00)
Avoiding the Riptides of Non-BC Trusts and Section 94 (2:00 – 2:55)
- dealing with trusts from other Canadian jurisdictions
- US revocable and irrevocable trusts
- general tax and planning considerations
- deemed resident trust provisions in ITA
Christine M. Muckle — Legacy Tax + Trusts Lawyers, Vancouver
BREAK (2:55 – 3:05)
Choosing Beneficiaries (3:05 – 3:55)
- key issues to consider when deciding who to include as beneficiaries
- provisions for adding and removing beneficiaries and who should have the power(s)
- drafting considerations
Dwight D. Dee — Miller Thomson LLP, Vancouver
Concluding Remarks (3:55 – 4:00)
Fiona Hunter — Horne Coupar LLP, Victoria
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