CLEBC - Courses On Demand

Interplay Between Aging, Death & Divorce 2024

Course Date: November 7, 2024

Full Course Materials

Total: 5h 36min

Total Ethics: 1h

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
J. Jeffrey Locke — McLellan Herbert Locke LLP, Vancouver
Jasmeet K. Wahid — Aaron Gordon Daykin Nordlinger LLP, Vancouver

Guardianship—Adults and Children (9:10 – 10:00)

what are the legal tests or considerations when determining capacity and how do they apply to children, the aged, and those going through divorce
what is the process of obtaining guardianship over children and incapacitated adults
what evidence is required to support an order for guardianship

Raman Johal — Gowling WLG (Canada) LLP, Vancouver
Catherine J. Wong — Saltwater Law, Vancouver

BREAK (10:00 – 10:10)

Land and Spouse Protection Act (10:10 – 10:50)

what is the LSPA and what is it supposed to do?
applying the LSPA in practice, both from an estate law and a family law perspective
the future of the LSPA—does it still serve a purpose in the current legislative landscape?

J. Jeffrey Locke — McLellan Herbert Locke LLP, Vancouver
Jasmeet K. Wahid — Aaron Gordon Daykin Nordlinger LLP, Vancouver

BREAK (10:50 – 11:00)

PGT Basics (11:00 – 11:50)

introduction to Public Guardian and Trustee (PGT)
matrimonial disputes after death or incapacity
- when PGT becomes involved/how to get PGT involved and requests to act as litigation guardian/litigation representative
- division of assets and where assets go after settlement (when PGT is involved)
PGT authority
- AGA/PPA and Committee of Estate authority
- s. 167 of WESA, Grant of Administration, Committee of the Estate
recurring legal issues in PGT files
- joint assets and s. 81(b) of the Family Law Act
- spouse, ex-spouse, or reconciled spouse

Darren D. Stewart — Public Guardian & Trustee of BC, Vancouver
Amalia E. Szilagyi — Public Guardian & Trustee of BC, Vancouver

LUNCH (11:50 – 12:30)

Gifts Gone Wild: Pitfalls and Estate Planning Strategies for the Modern Family (12:30 – 1:20)

considerations for inter vivos gifts
- gifts vs. loans
- forgiving loans and equalizing gifts on death
considerations for testamentary gifting
- cohabitation and marriage agreements
- outright gifts vs. trusts
probate planning
- joint tenants and right of survivorship
- presumption of resulting trusts: recent developments
- tools to reduce the risk of litigation
planning for incapacity
- powers of attorney
- representation agreements

Abby A. Pang — Illuma Family Law, Vancouver
Sara Pedlow — McLellan Herbert Locke LLP, Vancouver

BREAK (1:20 – 1:30)

Capacity: A Medicolegal Perspective (1:30 – 2:35)

statutory framework and capacity generally
issues with assessment of capacity—medical perspective
issues with assessment of capacity—legal perspective
fact scenario

Scott Boucher — Lawson Lundell LLP, Vancouver
Dr. Arvind Kang, MBBS, FRCPC, FRCPC (Geriatric Psychiatry) — Clinical Manager, Geriatric Psychiatry, Lions Gate Hospital and Older Adult Mental Health, North Vancouver
Jamie Porciuncula — McLellan Herbert Locke LLP, Vancouver

BREAK (2:35 – 2:45)

Trusts Update—From Tax, Family, and Wills Perspectives (2:45 – 3:55)

recent developments in the taxation of trusts on death (including capital gains inclusion rate changes)
tax reporting, disclosure, and transparency issues
trusts under the Family Law Act
family law implications of property transfers between parents and children
review of recent case law on what constitutes a spouse

Alexander Demner — Thorsteinssons LLP, Vancouver
Gene Fraser — CBM Lawyers LLP, Langley
Michael P. Scott — Clark Wilson LLP, Vancouver

Closing Remarks (3:55 – 4:00)

J. Jeffrey Locke — McLellan Herbert Locke LLP, Vancouver
Jasmeet K. Wahid — Aaron Gordon Daykin Nordlinger LLP, Vancouver