Interplay Between Aging, Death & Divorce 2024

Course Chairs
J. Jeffrey Locke — McLellan Herbert Locke LLP, Vancouver
Jasmeet K. Wahid — Aaron Gordon Daykin Nordlinger LLP, Vancouver

About the Course Chairs
Jeffrey Locke is one of the principals of McLellan Herbert Locke LLP and maintains a practice devoted almost entirely to wills, estates, and elder law litigation. With over 15 years of litigation experience, he has appeared before all levels of court in BC to assist executors, beneficiaries, and family members in resolving the various disputes that arise in those arenas.

Outside of the office, Jeff regularly speaks at legal education events, was an adjunct professor at Peter A. Allard School of Law at UBC for over 10 years, and has volunteered his time with both the University of Victoria and Thompson Rivers University law schools. He recently contributed two chapters to CLEBC's Estate Disputes in British Columbia: A Litigator's Guide, is one of the general editors of Financial and Estate Planning for the Mature Client in British Columbia, and is a contributor to PLTC's Wills and Estates Practice Manual. Jeff also volunteers his time as a member of the Planned Giving Committee for the Lions Gate Hospital Foundation.

Jasmeet Wahid's family law practice is diverse and includes complex financial and parenting issues. Her practice also includes unique issues in the areas of adoption, reproductive technology, and child protection.

She was recently trial counsel on Bradley v. Callahan, 2024 BCSC 163. She has argued several important appeals including: the posthumous use of reproductive material and the statutory interpretation of the consent provisions of the Assisted Human Reproduction Act [L.T. v. D.T. Estate, 2020 BCCA 328]; child's consent to gender affirming care, family violence and remedies under the Family Law Act [A.B. v. C.D., 2020 BCCA 11 and A.B. v. C.D., 2019 BCCA 297]; and the adoption of a First Nations child and the statutory scheme of the Adoption Act [M.M. v. T.B., 2017 BCCA 296] with application for leave to the Supreme Court of Canada being dismissed.

Jasmeet is a contributor to continuing education seminars for other lawyers, and co-chairs or presents regularly at conferences or meetings on various issues for the CBA, CLEBC, Trial Lawyers Association of BC, PBLI, and York University, Osgoode Professional Development.

Her passions include travel and art.

Faculty
Scott Boucher — Lawson Lundell LLP, Vancouver
Alexander Demner — Thorsteinssons LLP, Vancouver
Gene Fraser — CBM Lawyers LLP, Langley
Raman Johal — Gowling WLG (Canada) LLP, Vancouver
Dr. Arvind Kang, MBBS, FRCPC, FRCPC (Geriatric Psychiatry) — Clinical Manager, Geriatric Psychiatry, Lions Gate Hospital and Older Adult Mental Health, North Vancouver
Abby A. Pang — Illuma Family Law, Vancouver
Sara Pedlow — McLellan Herbert Locke LLP, Vancouver
Jamie Porciuncula — McLellan Herbert Locke LLP, Vancouver
Michael P. Scott — Clark Wilson LLP, Vancouver
Darren D. Stewart — Public Guardian & Trustee of BC, Vancouver
Amalia E. Szilagyi — Public Guardian & Trustee of BC, Vancouver
Catherine J. Wong — Saltwater Law, Vancouver

Course Materials Contributor
Dylan Bains — Lawson Lundell LLP, Vancouver

Click here for full faculty bios

• what are the legal tests or considerations when determining capacity and how do they apply to children, the aged, and those going through divorce
• what is the process of obtaining guardianship over children and incapacitated adults
• what evidence is required to support an order for guardianship

• what is the LSPA and what is it supposed to do?
• applying the LSPA in practice, both from an estate law and a family law perspective
• the future of the LSPA—does it still serve a purpose in the current legislative landscape?

• introduction to Public Guardian and Trustee (PGT)
• matrimonial disputes after death or incapacity
  
  • when PGT becomes involved/how to get PGT involved and requests to act as litigation guardian/litigation representative
  • division of assets and where assets go after settlement (when PGT is involved)
• PGT authority
  
  • AGA/PPA and Committee of Estate authority
  • s. 167 of WESA, Grant of Administration, Committee of the Estate 
• recurring legal issues in PGT files
  
  • joint assets and s. 81(b) of the Family Law Act
  • spouse, ex-spouse, or reconciled spouse

• considerations for inter vivos gifts
  • gifts vs. loans
  • forgiving loans and equalizing gifts on death
• considerations for testamentary gifting
  
  • cohabitation and marriage agreements
  • outright gifts vs. trusts
• probate planning
  
  • joint tenants and right of survivorship
  • presumption of resulting trusts: recent developments
  • tools to reduce the risk of litigation
• planning for incapacity
  
  • powers of attorney
  • representation agreements

• statutory framework and capacity generally
• issues with assessment of capacity—medical perspective 
• issues with assessment of capacity—legal perspective 
• fact scenario

• recent developments in the taxation of trusts on death (including capital gains inclusion rate changes)
• tax reporting, disclosure, and transparency issues
• trusts under the Family Law Act
• family law implications of property transfers between parents and children
• review of recent case law on what constitutes a spouse