Basics of Wills and Estate Planning 2019

Course Chairs
Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
Laura West — Norton Rose Fulbright Canada LLP, Vancouver

About the Course Chairs

Kirsten Jenkins is a partner in Norton Rose Fulbright Canada LLP’s Wealth Management Group. Kirsten’s practice is primarily focused on advising individuals and families regarding estate planning, trusts, business succession and incapacity planning. Kirsten also advises individuals and financial institutions on estate and trust administration. Kirsten is an active member of the legal community and is past Chair of the Vancouver Wills & Trusts Subsection of the CBA as well as being a member of the Society of Trust and Estate Practitioners (STEP) and the Vancouver Estate Planning Council. Kirsten is a regular lecturer for professional and industry related groups and has authored a number of articles and publications in the area of estate planning, trusts and administration.

Laura West is called to the bars of BC and Ontario. She is a partner of Norton Rose Fulbright Canada LLP and is engaged in a general practice in the areas of wealth management, estates, trusts, charity and not-for-profit law. She has been recognized as a leading lawyer by Best Lawyers in Canada, the Canadian Legal Lexpert Directory and the Chambers High Net Worth Guide. She was also the co-recipient of a Lexpert Gold Zenith award recognizing pro bono work in the legal profession. Laura has taught Wills and Estate Planning at the University of Toronto Faculty of Law as an adjunct professor and she is the co-author of the book Charitable Giving in Canada, published by Carswell in November, 2013. She has lectured and written frequently on estate planning, charity and non-profit legal issues, including articles and presentations for the Canadian Tax Foundation, the Society of Trust and Estate Practitioners (Canada), the Estates Trusts & Pensions Journal, the CBA, CLEBC, the Law Society of Upper Canada, the Ontario Bar Association, the Pacific Business & Law Institute, the Canadian Association of Gift Planners and others.

Online Moderator
Kirsten E. H. Wharton — Westcoast Wills and Estates Law Corporation, North Vancouver  

Faculty

Carolyn R. Anderson — Staff Lawyer, Professional Conduct, Law Society of BC, Vancouver
David Christian — Thorsteinssons LLP, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver
Fiona Hunter — Horne Coupar LLP, Victoria
Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
Helen H. Low, QC —Fasken Martineau DuMoulin LLP, Vancouver
Amy Mortimore — Clark Wilson LLP, Vancouver
Isabel L. Romeral — Boughton Law Corporation, Vancouver

Megan Swail — Lawyers Insurance Fund, Law Society of BC, Vancouver
Shawn Tryon — Thorsteinssons LLP, Vancouver

Laura West — Norton Rose Fulbright Canada LLP, Vancouver

Kirsten E. H. Wharton — Westcoast Wills and Estates Law Corporation, North Vancouver

Geoffrey W. White — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver

Click here for full faculty bios »

Thursday, June 20th

Welcome and Introduction

Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
Laura West — Norton Rose Fulbright Canada LLP, 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
  
  Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver
  Laura West — Norton Rose Fulbright Canada LLP, Vancouver

Role Play: The Interview Gone Wrong

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

Isabel L. Romeral — Boughton Law Corporation, 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

Shawn Tryon — Thorsteinssons 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

Break

Lessons From the Future

• preparing your standard probate application
• probate fees
• time factors
• implications for the estate plan
  
  Kirsten E. H. Wharton — Westcoast Wills and Estates Law Corporation, North Vancouver

Essential Corporate and Business Succession Issues for Will and Estate Planners

• s. 85
• estate freezes
• succession planning
• dealing with family dynamics

David Christian — Thorsteinssons LLP, Vancouver

Friday, June 21st

Opening Remarks

Kirsten Jenkins — Norton Rose Fulbright Canada LLP, Vancouver

Role Play: The Interview Gone Right

Professional Conduct

• common complaints about lawyers in wills and estate planning
• ways to avoid complaints
• complaint process and responding to the Law Society

Carolyn R. Anderson — Staff Lawyer, Professional Conduct, Law Society of BC, Vancouver

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

Amy Mortimore — Clark Wilson LLP, Vancouver
Megan Swail — Lawyers Insurance Fund, Law Society of BC, Vancouver

Break

The Use of Joint Tenancies and Beneficiary Designations in Estate Planning

A. Joint Tenancies

• planning opportunities
• possible problem and pitfalls
• “true” joint tenancies v. “false” joint tenancies
• review of recent cases

Emily Clough — Clark Wilson 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, advance 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
• trusts where land in BC is held

Fiona Hunter — Horne Coupar LLP, 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

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 Estate on Planning

• effective use of a will in contentious circumstances
• memorandum of reasons
• ethical issues relating to planning to avoid variation claims

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Helen H. Low, QC — Fasken Martineau DuMoulin LLP, Vancouver

Closing Remarks