Day 1: Estate Planning Update 2018
Welcome and Introduction
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
Family Law and Estate Planning
• who is a spouse
• how to protect beneficiaries using trusts
• using cohabitation agreements as an effective part of the estate plan
• special considerations for blended families
• where is the case law taking us
Lauren Blake — Legacy Tax + Trust Lawyers, Vancouver
Real Property Real Problems
• property transfer tax
• foreign buyers tax
• speculation tax
• vacant home tax
• loss of principal residence for most trusts
• new ownership reporting requirements
Alison Oxtoby — Balmains Law Corporation, Kelowna
Pam Prior — KPMG LLP, Vancouver
Break
Family Trusts and CCPCs Post TOSI and Changes to the Taxation of Passive Income
• how did we get here?
• TOSI overview
• passive income changes overview
• what still works
• what does not work
• new strategies
David G. Thompson — Thorsteinssons LLP, Vancouver
Planning in the Digital World
• shutting down the online presence on death
• online accounts and digital assets
• cryptocurrency
• points programs
Richard Weiland — Clark Wilson LLP, Vancouver
Networking Lunch (Provided)
U.S. Expatriation and Other Cross-Border Planning Tools
• a review of recent U.S. tax changes
• the benefits of U.S. resident beneficiaries
• U.S. principal residence exemption
• expatriation as a planning tool
Christine M. Muckle — Legacy Tax + Trust Lawyers, Vancouver
Cheyenne J.H. Reese — Legacy Tax + Trust Lawyers, Vancouver
Update on Drafting and Other Issues for Alter Ego and Joint Spousal Trusts
• drafting issues to consider
• contribution of land and related issues
• comparison of the use of these trusts versus multiple wills
Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
Break
How to Protect Vulnerable Clients
• assessing capacity to undertake estate planning
• understanding and preventing undue influence
• how to identify and address potential abuse, neglect, and self-neglect
Moderator: Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver
Andrea E. Frisby — Legacy Tax + Trust Lawyers, Vancouver
Fiona Hunter — Horne Coupar, Victoria
Day 2: Estate Litigation Update 2018
Welcome and Introduction
Helen H. Low, QC — Fasken Martineau DuMoulin, Vancouver
Trusts in Family Law Claims
• the trust as a challenged asset in an FLA claim
• issues in acting for the trustees
• disclosure obligations related to trust property
Michelle L. Isaak – DLA Piper (Canada) LLP, Vancouver
Wills Variation Update
• what are contemporary community standards and have they changed since Tataryn
• how has Kish v. Sobchak 2016 BCCA 65 been interpreted by lower courts considering spousal claims
• is there a change in the way courts are approaching claims of adult independent children
Amy D. Francis — Legacy Tax + Trust Lawyers, Vancouver
Break
Observations from Sitting in the Middle
• mediation is not a mini-trial
• adjusting your advocacy style
• does it matter who blinks first
• mediation models - what approach works for you?
• always consider the tax
The Honourable Sandra K. Ballance — Mediator, Vancouver
Amy A. Mortimore — Clark Wilson LLP, Vancouver
Networking Lunch (Provided)
Curing Deficiencies and Rectification of Wills
• curing deficiencies under WESA s. 58
• rectification of wills under WESA s. 59
Stanley Rule — Sabey Rule LLP, Kelowna
Beneficiary Actions on Behalf of the Estate
• WESA s. 151
• guidance from recent cases
• practical issues and challenges with claims
Kimberly A. Kuntz — Norton Rose Fulbright Canada LLP, Vancouver
Break
Litigious Disputes Before Death
• update on cases related to committeeships, power of attorney abuse claims
• using the Office of the Public Guardian and Trustee effectively
• practical considerations
Deidre J. Herbert — McLellan Herbert, Vancouver
Practitioners Panel
• senior practitioners will answer your questions about practice and ethics in estate and trust litigation
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver