Wealth Preservation and Succession for the Family Enterprise 2021


Course Date: May 6, 2021

Full Course Materials
Total: 4h 48min

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

Cheyenne J.H. ReeseLegacy Tax + Trust Lawyers, Vancouver

Estate Planning Tools and Techniques (9:10 – 10:00)

  • wills and multiple wills
  • other estate planning tools
  • alter ego/joint partner trusts
  • other inter vivos trust planning
  • planning for incapacity

Peter J. Glowacki — Borden Ladner Gervais LLP, Vancouver

BREAK (10:00 – 10:15)

Tax Planning for Family Succession—Corporate and Trust Structures 
(10:15 – 11:05)

  • corporate and trust structures for inter-generational planning
  • corporate attribution risks and implications
  • family trusts and 21-year deemed disposition planning
  • real estate taxes
  • adapting to recent changes and developments in law and compliance requirements

Ian WorlandLegacy Tax + Trust Lawyers, Vancouver

BREAK (11:05 – 11:20)

Strategic Planning for Succession and Transition (11:20 – 12:10)

  • goals for succession and transition
  • transition options:
    • family succession
    • management buy-out
    • sale to a third party, including a strategic buyer, consolidator, and private equity group
  • building your team
  • sale considerations—tax
  • sale considerations—legal
  • post-sale considerations

Silvana M. Facchin — Richards Buell Sutton LLP, Vancouver
David W. Harvey — Richards Buell Sutton LLP, Vancouver
Sheryne Mecklai, CPA, CA, TEP — Tax Partner, Manning Elliott, Vancouver

LUNCH (12:10 – 12:50)

The Family Business—Governance and Strategic Advising for the Family Enterprise (12:50 – 1:40)

  • family businesses/family enterprise
  • strengths and challenges of the family enterprise
  • the three-circle model: taking a systems approach
  • understanding family dynamics of family business
  • family enterprise governance
  • governance structures for the family enterprise and its component systems— family, business, owners
  • family councils, shareholder forums, advisory boards, and other governance structures/mechanisms
  • role of strategic advisor to family enterprise clients; multi-disciplinary advising

Kim A. KarrasBKS Law Corporation, South Surrey/White Rock

BREAK (1:40 – 1:55)

The Intersection Between Family Law and Family Enterprise Wealth Preservation (1:55 – 2:45)

  • the breakdown of spousal relationships and the resultant challenges for the family enterprise
    • corporate interests
    • trust interests
  • using domestic agreements to protect the family enterprise
  • shareholders agreements as a means of managing risk

Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver

BREAK (2:45 – 3:00)

Case Update and Litigation Highlights (3:00 – 3:55)

  • recent case law regarding spouses
  • recent trends in s. 58 cases
  • are secret trusts the next big thing?

Amy A. Mortimore — Clark Wilson LLP, Vancouver

Concluding Remarks (3:55 – 4:00)

Cheyenne J.H. ReeseLegacy Tax + Trust Lawyers, Vancouver