Estate Planning for Blended Families 2021

Course Chair
Anna Laing — Farris LLP, Vancouver

About the Course Chair
Anna's practice bridges estates and family law and she has a particular interest in how these areas of law intersect.

Anna's experience covers a broad spectrum: estate litigation—including wills variation, committeeship applications, removal of personal representatives; estate administration—including applications for estate grants and passing of accounts; estate planning; family law—including property division claims, support disputes, family law claims against estates, capacity to separate, and preparation of property agreements.

Anna is a sought-after contributor to continuing legal education seminars in both her areas of practice and is a contributing author to the CLEBC Family Law Sourcebook and British Columbia Probate & Estate Administration Practice Manual.

Anna was admitted to UBC law after three years of undergraduate studies, graduated in 1987 and was called to the BC bar in 1988. Anna joined Farris after 16 years at a local Vancouver firm and another 12 years at a national law firm.

Faculty
Chantal M. Cattermole — Clark Wilson LLP, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Stephanie J. Daniels — Farris LLP, Vancouver
Alexander Demner — Thorsteinssons LLP, Vancouver
Ian B. Hayward — Hayward Sheppard, Vancouver
Beatrice C. McCutcheon — Cook Roberts LLP, Victoria
Tristan Miller — Farris LLP, Vancouver
Ingrid M. Tsui — Alexander Holburn Beaudin + Lang LLP, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna and Vancouver
James W. Zaitsoff — Owen Bird Law Corporation, Vancouver

Course Materials Contributor
Krista L. Isberg — Farris LLP, Vancouver

Click here for full bios

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

Anna Laing — Farris LLP, Vancouver

Will or Trust—When to Choose One or the Other (9:10 – 9:50)

• pros and cons of a will versus a trust (including tax considerations)
• wills variation considerations for drafters
• mutual wills agreements as a potential tool

Stephanie J. Daniels — Farris LLP, Vancouver

BREAK (9:50 – 10:05)

Wills Variation Issues (10:05 – 10:45)

• recent case law specific to blended families
• the consideration of legal and moral obligations in the blended family context
• law relating to common law spouse vs. adult children variation claims

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (10:45 – 11:00)

Family Home Considerations (11:00 – 11:40)

• joint tenancy—how to ease estate administration but still protect the kids
• Land (Spouse Protection) Act charges
• life estate versus license to occupy
  • the difference between the two
  • refresher—life estate obligations, who pays for what
  • practical difficulties policing the life estate

Tristan Miller — Farris LLP, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna and Vancouver

BREAK (11:40 – 11:55)

Incapacity Planning (11:55 – 12:35)

• issues with powers of attorney
• using the adult's assets to support others
• who pays for caregiving
• when can an attorney sever a joint tenancy

Ingrid M. Tsui — Alexander Holburn Beaudin + Lang LLP, Vancouver

LUNCH (12:35 – 1:15)

Agreements Between Spouses with Blended Families (1:15 – 1:50)

• considerations for spouses in financially disparate positions
• how much disclosure is enough
• how an agreement can help reduce future conflict with successor generations

Ian B. Hayward — Hayward Sheppard, Vancouver
Beatrice C. McCutcheon — Cook Roberts LLP, Victoria

BREAK (1:50 – 2:05)

Separation Issues in Blended Families (2:05 – 2:40)

• when the estate plan makes it advantageous for a spouse to trigger a separation
• challenging a strategic separation engineered by a spouse
• challenging a strategic separation engineered by a spouse's children

Chantal M. Cattermole — Clark Wilson LLP, Vancouver
Anna Laing — Farris LLP, Vancouver

BREAK (2:40 – 2:55)

Duties Between Spouses when Estate Planning (2:55 – 3:20)

• fraudulent conveyance considerations when estate planning
• fiduciary duties when estate planning

James W. Zaitsoff — Owen Bird Law Corporation, Vancouver

BREAK (3:20 – 3:35)

Tax Issues Specific to Blended Families (3:35 – 4:00)

• managing/minimizing taxation on death
• life interest trusts and drafting considerations
• particular tax considerations for inter vivos transfers

Alexander Demner — Thorsteinssons LLP, Vancouver