Wills, Estates, and Trusts Conference 2020

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Thursday and Friday, November 5 and 6, 2020
9:00 am – 4:00 pm (both days) via webinar

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Click on the course links to register for either Estate Planning Update 2020 or Estate Litigation Update 2020.

Recent developments, tools, and techniques in estate planning
Estate Planning Update 2020
Thursday, November 5, 2020

Who should attend: Lawyers practicing in the area of wills and estates. This course may also be of interest to accountants, financial planners, trust officers, wealth management specialists, and other estate planning professionals.

Learning level: Intermediate/Advanced

Estate planning is key to securing the future financial security of your clients and their families. To create well-designed estate plans that meet your clients' goals, you need to keep current on relevant law and techniques. Join us as experienced faculty explore with you important topics of the day and provide you with tools so you can ensure that your clients' estates are distributed in an orderly fashion without controversy. You will leave this course up to date and confident in your ability to create practical plans for your clients' assets. Join us and be the advisor your clients deserve today!

Course Chair
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver

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Invest in upgrading your estate litigation skills and knowledge
Estate Litigation Update 2020
Friday, November 6, 2020

Who should attend: Lawyers practicing in the area of estate litigation. This course may also be of interest to wills and estates practitioners.

Learning level: Intermediate/Advanced

Disputes can arise both before and after death in the estate area and understanding how to resolve them through the courts, arbitration, or mediation requires knowledge of applicable legal principles and practical expertise. Our experienced faculty will share their academic knowledge of the law and their practice experience to further your skills as an estate litigator to handle all types of asset and estate-related issues. A wide range of topics will be covered that will touch on many of the very common contested issues that arise when asset planning has not yet been done, done in a questionable manner, or done validly but still permits legal challenge. You will leave this course better equipped both in your knowledge and skills in estate litigation proceedings. Join us and be an effective litigator for dealing with contentious estate matters!

Course Chair
Helen H. Low, QC — Fasken Martineau DuMoulin LLP, Vancouver

Law Society of BC CPD Hours: 10 hours (this course does not contain professional responsibility and ethics, client care and relations, and/or practice management)

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.
	EARLY BIRD Register by Oct. 8/20	Regular Price After Oct. 8/20
Webinar (both days)	$889 $676	$989 $750
Webinar Articled Student (both days)	$494.50 $375	$494.50 $375
Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials.

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CLEBC Program Lawyer*
Nadia Myerthall
nmyerthall@cle.bc.ca
*non-practising

Course Chairs
Helen H. Low, QC — Fasken Martineau DuMoulin LLP, Vancouver
Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver

About the Course Chairs

Helen Low, QC practices at the Vancouver office of Fasken in the wills, trusts, and estates area, where she focuses on contentious matters that may lead to litigation. Helen also engages in estate and incapacity planning for clients who want to avoid future litigation. She has taught the Succession law course at the Faculty of Law at UBC for 10 years and is a current contributing author for a number of CLEBC publications related to trust and estates law. Helen is a frequent speaker and author in estate and trust law matters both in BC and nationally. In 2014, she was appointed Queen's Counsel.

Genevieve Taylor is a principal at Legacy Tax + Trust Lawyers who practices in the areas of wills, estates, trusts, and adult guardianship. She works in all aspects of estate planning and administration, including the preparation of wills, powers of attorney, representation agreements, and inter vivos trusts, as well as applications for probate and letters of administration. Genevieve has authored and co-authored a number of papers on wills, estates, trusts, and adult guardianship, and is a frequent speaker on these topics. Genevieve taught Succession at the Allard School of Law at UBC for three years.

Faculty
The Honourable Madam Justice Amy D. Francis — Supreme Court of BC, Vancouver
The Honourable D. Jane Dardi — Mediator, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Kimberly A. Kuntz — Norton Rose Fulbright Canada LLP, Vancouver
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver
Kate S. Marples — Legacy Tax + Trust Lawyers, Vancouver
Amy A. Mortimore — Clark Wilson LLP, Vancouver
Christine M. Muckle — Legacy Tax + Trust Lawyers, Vancouver
Alison Oxtoby — Balmains Law Corporation, Kelowna
Cheyenne J.H. Reese — Legacy Tax + Trust Lawyers, Vancouver
Stanley Rule — Sabey Rule LLP, Kelowna
Richard Weiland — Clark Wilson LLP, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation & Counsel, Clark Wilson LLP, Kelowna & Vancouver
Roselle P. Wu — Harper Grey LLP, Vancouver
Martina Zanetti — Norton Rose Fulbright Canada LLP, Vancouver

Thursday, November 5
Estate Planning Update 2020

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

Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver

Wills Formalities and the Fallout from COVID-19 (9:10 – 10:00)

remote signing of wills and other documents
electronic signatures and electronic wills
precedents and practice tips

Richard Weiland — Clark Wilson LLP, Vancouver

BREAK (10:00 – 10:20)

Tax Update for Estate Planners (10:20 – 11:10)

GRE status
planning for charitable giving
planning for post-mortem tax efficiencies
considerations re: real property

Kate S. Marples — Legacy Tax + Trust Lawyers, Vancouver

BREAK (11:10 – 11:30)

Transparency Trends and Impacts on Planning (11:30 – 12:15)

LOTA
corporate transparency registers and proposed public disclosure
proposed trusts registry
CRA trust disclosures
strategies to maximize privacy

Alison Oxtoby — Balmains Law Corporation, Kelowna

LUNCH BREAK (12:15 – 12:55)

Dual Wills and Non-trust Advanced Estate Planning (12:55 – 1:45)

dual wills for probate-fee savings
dual wills for different types of assets or different jurisdictions
beneficiary designations tips and traps
statements of values and principles such as letters of wishes

Martina Zanetti — Norton Rose Fulbright Canada LLP, Vancouver

BREAK (1:45 – 2:05)

Straddling the Border (2:05 – 2:50)

US assets and Canadian owners
Canadian assets and US owners
US beneficiaries of Canadian estates/trusts
Canadian beneficiaries of US estates/trusts
foreign decision makers in incapacity and estate/trust planning

Christine M. Muckle — Legacy Tax + Trust Lawyers, Vancouver
Cheyenne J.H. Reese — Legacy Tax + Trust Lawyers, Vancouver

BREAK (2:50 – 3:10)

Incapacity and Undue Influence in an Uncertain World (3:10 – 3:55)

e-wills: 'access to justice' or 'fraudsters playground'?
what happens when the government forces the isolation?
a new influencer: 'COVID made me do it'
emerging 'best' practices: 'who's in the room'?

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

Closing Remarks (3:55 – 4:00)

Genevieve N. Taylor — Legacy Tax + Trust Lawyers, Vancouver

Friday, November 6
Estate Litigation Update 2020

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

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

Update on Wills Variation (9:10 – 9:55)

cultural traditions
estrangement, neglect and abandonment
size of the estate
"valid and rational" reasons

Roselle P. Wu — Harper Grey LLP, Vancouver

BREAK (9:55 – 10:15)

Section 58 Applications (10:15 – 11:05)

case law update
prevailing trends
new use for s. 58—probating copies of lost wills
s. 59—brief update on rectification

Kimberly A. Kuntz — Norton Rose Fulbright Canada LLP, Vancouver

BREAK (11:05 – 11:25)

Current Mediation (11:25 – 12:15)

enhancing your negotiation skills
adapting your advocacy style to mediation
preparation for mediation
mediating by Zoom

The Honourable D. Jane Dardi — Mediator, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver

LUNCH BREAK (12:15 – 12:55)

Trial in an Estate Case (12:55 – 1:45)

pre-trial preparation
trial tips
multi-party issues
costs
virtual testimony

The Honourable Madam Justice Amy D. Francis — Supreme Court of BC, Vancouver
Roger D. Lee — DLA Piper (Canada) LLP, Vancouver

BREAK (1:45 – 2:05)

"New" Causes of Action (2:05 – 2:50)

unconscionable procurement
fraudulent calumny
secret trusts
doctrine of righteousness
court approval of trustee decisions

Amy A. Mortimore — Clark Wilson LLP, Vancouver

BREAK (2:50 – 3:10)

Bad Fiduciaries (3:10 – 3:55)

trustees
attorneys under powers of attorney
committeeship
remedies

Stanley Rule — Sabey Rule LLP, Kelowna

Closing Remarks (3:55 – 4:00)

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

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