Day 1: Thursday, May 18th, 2017
Welcome and Introduction
James D. Baird — Boughton Law Corporation, 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
James D. Baird — Boughton Law Corporation, Vancouver
Role Play: The Interview Gone Wrong
Networking 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
Kate S. Marples — Legacy Tax +Trust Lawyers, 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
Areet S. Kaila — Clark Wilson 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
Networking Break
Lessons from the Future
- preparing your standard probate application
- probate fees
- time factors
- asset list
- executor’s duties vs lawyer’s duties
James D. Baird — Boughton Law Corporation, Vancouver
Kirsten E. H. Wharton — Westcoast Wills & Estates, North Vancouver
How to Develop a Wills and Estates Practice
- marketing and client development
- skills development
- pros and cons of focusing on a wills and estates practice
- differences in practice in a large firm vs boutique firm vs starting your own firm
- working with assistants and paralegals
- precedent development
Candace Cho — Onyx Law Group, Vancouver
Emily Clough — Alexander Holburn Beaudin + Lang LLP, Vancouver
Day 2: Friday, May 19th, 2017
Opening Remarks
James D. Baird — Boughton Law Corporation, Vancouver
Role Play: The Interview Gone Right
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
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
Megan Swail — Lawyers Insurance Fund, Law Society of BC, Vancouver
Networking Break
The Use of Joint Tenancies and Beneficiary Designations in Estate Planning
A. Joint Tenancies
- planning opportunities
- possible problem and pitfalls
- “true” joint tenancies vs “false” joint tenancies
- review of recent cases
Emily Clough — Alexander Holburn Beaudin + Lang 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, advanced 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
- principal residence trusts
Fiona Hunter — Horne Coupar, 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
Networking 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 on Estate Planning
- effective use of a will in contentious circumstances
- memorandum of reasons
- ethical issues relating to planning to avoid variation claims
Anna Chen — Fasken Martineau DuMoulin LLP, Vancouver
Helen H. Low, QC — Fasken Martineau DuMoulin LLP, Vancouver
Closing Questions and Comments