Basics of Wills and Estate Planning 2023

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Everything you need to know to launch your wills and estates career

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Jump Start on CPD 2024
Monday, March 4 and Tuesday March 5, 2024

(Original Webinar Date: October 17 and 18, 2023)

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Who should attend: Those new to the practice of wills, estates and trusts, including newly called lawyers, and more experienced lawyers wanting to develop a practice in this area. This course may also be of interest to those who want a refresher and also to notaries.

Learning level: Fundamental

Want to develop a successful wills and estates practice, but unsure of where to start? This course will provide you with the fundamental building blocks by teaching you how to draft a will, how to create a basic estate plan, and how to incorporate a will into an estate plan.

Topics will also include when to consider trust planning, how to integrate corporate succession, estate tax issues, and mediation.

From interviewing clients and taking instructions, to analyzing the components of an estate plan, to focusing on key will drafting considerations, this course has it covered! Experienced practitioners will provide you with valuable insights and helpful practice tips for every step. You will leave with essential information to move forward with your wills and estates files.

Join us and be prepared for practice!

After taking this program, you will:

understand how to create a basic estate plan, including drafting a will
be able to better interview clients and understand their expectations
gain knowledge of different techniques in estate planning
have the tools to develop a successful wills and estates practice

Law Society of BC CPD Hours: 12 hours (this course will contain a minimum of 2 hours pertaining to professional responsibility and ethics, client care and relations, and/or practice management).

Course Chairs
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

Jump Start 2024	EARLY BIRD Register by Feb. 5/24	Regular Price After Feb. 5/24
Rebroadcast	$889	$1,016
Rebroadcast Articled Student	$508	$508

Are you an Indigenous lawyer/Articled Student/legal support staff/paralegal, or community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount* to all Indigenous lawyers/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members (*discount applies to regular price, not Early Bird price). Please contact Customer Service to find out more.

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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
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

About the Course Chairs
Eric Clavier is a trust and estate litigation lawyer at Fasken in Vancouver. After completing his studies at the University of Pretoria, Eric was called to the South African bar in 2000. He practised as a barrister in the Republic of South Africa for 12 years (South Africa has a split legal profession, like in the UK), gaining extensive trial and motion experience, and appeared at all levels of court, including various appearances in the Supreme Court of Appeal of South Africa.

After moving to Canada in August 2012, Eric completed the Federation of Law Societies of Canada's NCA exams in 2013. Following truncated articles at Fasken in 2014, Eric was called to the BC bar in 2014, where he now appears regularly before the Supreme Court of BC and BC Court of Appeal.

Eric's practice involves assisting clients with contentious matters related to wills, trusts, undue influence and incapacity claims, committeeship applications, unjust enrichment claims, breach of fiduciary duties cases, abuse of powers of attorney claims, breach of trust claims, partitions of property, and passing of accounts.

Eric is a member of the CBA, the CBABC Wills & Trusts Section, the CBABC Elder Law Section, and The Advocates Society. Eric is President of the board of directors of Seniors First BC, past chair of the CBA Elder Law Section National Executive, member-at-large of the CBABC Elder Law Section Executive, and a Section Representative for CBABC's Provincial Council. Eric has given presentations on various topics, including trusts in the corporate context, powers of attorney, joint tenancy, family law in estate planning, corporate shares on disability, wills variation considerations, wills variation considerations for blended families, effective planning tips to avoid later litigation, practicing wills, estates and trust law during COVID-19, estate planning and planning opportunities in the time of COVID-19, and ways to safeguard your family, fortune and future.

Since the fall 2021, Eric has been teaching Trusts at Peter A. Allard School of Law, UBC.

Emily Clough is a partner at Clark Wilson LLP, where she is the key contact for the Elder Law Group. She has acted as counsel in cases that have set new precedents in BC, including on wills variation and the incapacity to marry. Her cases have received national coverage by the Globe & Mail and the CBC.

Emily is the elected Vice-Chair of the BC Law Institute and the Canadian Centre for Elder Law. Emily is also the President of Health Justice, a human rights focused non-profit organization working to improve BC laws and policies of coercive health care, particularly under the Mental Health Act.

Faculty
The Honourable Mr. Justice Jan Brongers — Supreme Court of BC, Vancouver
Carolyn R. Anderson — Director of Intake & Early Resolution and Practice Standards, Law Society of BC, Vancouver
Mike Beishuizen — Westcoast Wills and Estates, North Vancouver
Tara Britnell, KC — Hamilton Duncan Law Corporation, Surrey
Annie H. Chen — Fasken Martineau DuMoulin LLP, Vancouver
Rebecca Cynader — Scion Law LLP, Vancouver
Andrea E. Frisby — Farris LLP, Vancouver
Nicole Garton — Heritage Law and Heritage Trust, West Vancouver
Hardeep Gill — Fasken Martineau DuMoulin LLP, Vancouver
Nikki Hildebrand — Norton Rose Fulbright Canada LLP, Vancouver
Fiona Hunter — Horne Coupar LLP, Victoria
Sarah Jenkins — Farris LLP, Vancouver
J. Jeffrey Locke — McLellan Herbert Locke, Vancouver
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver
Zachary Murphy-Rogers — Clark Wilson LLP, Vancouver
Maryanne Prohl — Director, Risk Management, Lawyers Indemnity Fund, Law Society of BC, Vancouver
Isabel L. Romeral — Farris LLP, Vancouver
Allison Sharkey — Clark Wilson LLP, Vancouver
Amanda N. Winters — Farris LLP, Vancouver

Course Materials Contributor
Aaron Pan — Fasken Martineau DuMoulin LLP, Vancouver

Click here for full faculty bios

Tuesday, October 17

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

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

Overview of Estate Planning (9:10 – 9:40)

what is an estate plan?
what are the goals of estate planning?
what are the components of a typical estate plan?
specific issues to be considered
- foreign property
- multiple wills—probate?
- taxation
- blended families
- First Nations wills
remote witnessing

Emily Clough — Clark Wilson LLP, Vancouver

BREAK (9:40 – 9:45)

The First Appointment (9:45 – 10:30)

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 — Farris LLP, Vancouver

BREAK (10:30 – 10:40)

Essential Tax Considerations for Will and Estate Planners (10:40 – 11:30)

fundamental tax concepts
- taxation of trusts
- taxation of capital gains
inter vivos transfers and gifts
tax consequences on death
registered plans (RRSPs, RRIFs, TFSAs)
post-mortem planning strategies to minimize tax

Rebecca Cynader — Scion Law LLP, Vancouver

BREAK (11:30 – 11:40)

The Will (11:40 – 12:25)

property disposable by a will
preparing your standard will
drafting considerations
common drafting errors
technical requirements for formal execution
other planning tips and traps

Andrea E. Frisby — Farris LLP, Vancouver
Sarah Jenkins — Farris LLP, Vancouver

LUNCH (12:25 – 1:05)

Lessons from the Future (1:05 – 1:50)

preparing your standard probate application
probate fees
time factors
implications for the estate plan

Mike Beishuizen — Westcoast Wills and Estates, North Vancouver

BREAK (1:50 – 2:00)

Essential Corporate and Business Succession Issues for Will and Estate Planners (2:00 – 3:00)

overview
estate freeze basics
- why does an estate freeze?
- s. 85 and other tax deferral provisions
- valuations
practice tips for estate freezes
- best practices
- working with accountants
- conflict issues
going beyond the corporate legal and tax issues
- how to raise and discuss soft issues with clients
- dealing with family dynamics
- managing and coordinating personal and corporate planning for clients
- practical considerations for client's business and family

Annie H. Chen — Fasken Martineau DuMoulin LLP, Vancouver
Hardeep Gill — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (3:00 – 3:10)

Using Mediation in an Estates Claim (3:10 – 4:00)

being an effective advocate in mediation
communication, valuation, and taxation
skillful negotiation—informed not haphazard or ritualistic
yes! mediation can settle that nightmare case
key ethical points

Tara Britnell, KC — Hamilton Duncan Law Corporation, Surrey
Nicole Garton — Heritage Law and Heritage Trust, West Vancouver

Wednesday, October 18

Welcome Back (9:00 – 9:10)

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

View from the Bench (9:10 – 9:40)

The Honourable Mr. Justice Jan Brongers — Supreme Court of BC, Vancouver

BREAK (9:40 – 9:45)

Professional Conduct Issues in Wills and Estate Planning (9:45 – 10:50)

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

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
Lawyers Indemnity Fund and the policy
common risks of error

Carolyn R. Anderson — Director of Intake & Early Resolution and Practice Standards, Law Society of BC, Vancouver
Amy A. Mortimore, KC — Clark Wilson LLP, Vancouver
Maryanne Prohl — Director, Risk Management, Lawyers Indemnity Fund, Law Society of BC, Vancouver

BREAK (10:50 – 11:00)

The Use of Joint Tenancies and Beneficiary Designations in Estate Planning (11:00 – 12:05)

A. Joint Tenancies

planning opportunities
possible problem and pitfalls
"true" joint tenancies vs "false" joint tenancies
review of recent cases

J. Jeffrey Locke — McLellan Herbert Locke, Vancouver

B. Beneficiary Designations

insurance (life insurance, trusts)
RRSPs/RRIFs
TFSAs
RESPs

Nikki Hildebrand — Norton Rose Fulbright Canada LLP, Vancouver

LUNCH (12:05 – 12:45)

Lifetime Planning—Not Dead Yet! (12:45 – 1:25)

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
trust planning for persons with disabilities

Zachary Murphy-Rogers — Clark Wilson LLP, Vancouver
Allison Sharkey — Clark Wilson LLP, Vancouver

BREAK (1:25 – 1:35)

The Use of Trusts in Estate Planning (1:35 – 2:35)

how to choose the right trust: inter vivos or testamentary
constituting a trust
components of a well drafted trust
commonly used inter vivos trusts
- spouse trusts
- alter ego and joint partner trusts
commonly used testamentary trusts
- spouse trusts
- trusts for minors and young adults
- trusts for disabled beneficiaries
some practical challenges in settling trust property

Fiona Hunter — Horne Coupar LLP, Victoria

BREAK (2:35 – 2:45)

Wills Variation Considerations (2:45 – 3:55)

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
competing claims

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

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver

Amanda N. Winters — Farris LLP, Vancouver

Closing Remarks (3:55 – 4:00)

Eric B. Clavier — Fasken Martineau DuMoulin LLP, Vancouver
Emily Clough — Clark Wilson LLP, Vancouver

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