CLEBC - Courses On Demand

Basics of Wills and Estate Planning 2023

Course Date: October 17, 2023

Full Course Materials

Total: 10h 54min

Total Ethics: 4h 30min

Tuesday, October 17

Welcome and Land Acknowledgement (9:00 – 9:10)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

Overview of Estate Planning (9:10 – 9:40)

what is an estate plan?
what are the goals of estate planning?
what are the components of a typical estate plan?
specific issues to be considered
- foreign property
- multiple wills—probate?
- taxation
- blended families
- First Nations wills
remote witnessing

Emily Clough — Clark Wilson LLP, Vancouver

BREAK (9:40 – 9:45)

The First Appointment (9:45 – 10:30)

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 — Farris LLP, Vancouver

BREAK (10:30 – 10:40)

Essential Tax Considerations for Will and Estate Planners (10:40 – 11:30)

fundamental tax concepts
- taxation of trusts
- taxation of capital gains
inter vivos transfers and gifts
tax consequences on death
registered plans (RRSPs, RRIFs, TFSAs)
post-mortem planning strategies to minimize tax

Rebecca Cynader — Scion Law LLP, Vancouver

BREAK (11:30 – 11:40)

The Will (11:40 – 12:25)

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

Andrea E. Frisby — Farris LLP, Vancouver
Sarah Jenkins — Farris LLP, Vancouver

LUNCH (12:25 – 1:05)

Lessons from the Future (1:05 – 1:50)

preparing your standard probate application
probate fees
time factors
implications for the estate plan

Mike Beishuizen — Westcoast Wills and Estates, North Vancouver

BREAK (1:50 – 2:00)

Essential Corporate and Business Succession Issues for Will and Estate Planners (2:00 – 3:00)

overview
estate freeze basics
- why does an estate freeze?
- s. 85 and other tax deferral provisions
- valuations
practice tips for estate freezes
- best practices
- working with accountants
- conflict issues
going beyond the corporate legal and tax issues
- how to raise and discuss soft issues with clients
- dealing with family dynamics
- managing and coordinating personal and corporate planning for clients
- practical considerations for client's business and family

Annie H. Chen — Fasken Martineau DuMoulin LLP, Vancouver
Hardeep Gill — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (3:00 – 3:10)

Using Mediation in an Estates Claim (3:10 – 4:00)

being an effective advocate in mediation
communication, valuation, and taxation
skillful negotiation—informed not haphazard or ritualistic
yes! mediation can settle that nightmare case
key ethical points

Tara Britnell, KC — Hamilton Duncan Law Corporation, Surrey
Nicole Garton — Heritage Law and Heritage Trust, West Vancouver

Wednesday, October 18

Welcome Back (9:00 – 9:10)

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

View from the Bench (9:10 – 9:40)

The Honourable Mr. Justice Jan Brongers — Supreme Court of BC, Vancouver

BREAK (9:40 – 9:45)

Professional Conduct Issues in Wills and Estate Planning (9:45 – 10:50)

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

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
Lawyers Indemnity Fund and the policy
common risks of error

Carolyn R. Anderson — Director of Intake & Early Resolution and Practice Standards, Law Society of BC, Vancouver
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver
Maryanne Prohl — Director, Risk Management, Lawyers Indemnity Fund, Law Society of BC, Vancouver

BREAK (10:50 – 11:00)

The Use of Joint Tenancies and Beneficiary Designations in Estate Planning (11:00 – 12:05)

A. Joint Tenancies

planning opportunities
possible problem and pitfalls
"true" joint tenancies vs "false" joint tenancies
review of recent cases

J. Jeffrey Locke — McLellan Herbert Locke, Vancouver

B. Beneficiary Designations

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

Nikki Hildebrand — Norton Rose Fulbright Canada LLP, Vancouver

LUNCH (12:05 – 12:45)

Lifetime Planning—Not Dead Yet! (12:45 – 1:25)

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
trust planning for persons with disabilities

Zachary Murphy-Rogers — Clark Wilson LLP, Vancouver
Allison Sharkey — Clark Wilson LLP, Vancouver

BREAK (1:25 – 1:35)

The Use of Trusts in Estate Planning (1:35 – 2:35)

how to choose the right trust: inter vivos or testamentary
constituting a trust
components of a well drafted trust
commonly used inter vivos trusts
- spouse trusts
- alter ego and joint partner trusts
commonly used testamentary trusts
- spouse trusts
- trusts for minors and young adults
- trusts for disabled beneficiaries
some practical challenges in settling trust property