The Basics of Wills and Estate Planning

Fundamental building blocks for developing your practice!

Rebroadcasts
"Last Kick at the Can 2015": Monday & Tuesday, December 7 & 8, 2015; Time: 9:00 am – 4:00 pm EACH DAY
"Last Kick at the Can 2015": Thursday & Friday, December 17 & 18, 2015; Time: 9:00 am – 4:00 pm EACH DAY

(Original course: Thursday & Friday, January 29 & 30, 2015)

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; the course may also be of interest to those who want a refresher.

Learning level: Fundamental

A will is part of a person’s estate plan. This two-day course will provide you with the fundamental building blocks and essential information you need to know to create a basic estate plan and incorporate your client’s will as part of that plan. From interviewing clients and taking instructions, to analyzing the various components of an estate plan, to focusing on key considerations in drafting a will, this course has it covered! Experienced practitioners will give you valuable insights and helpful practice tips that will enable you to develop a successful wills and estates practice.

After taking this course you will be able to...

• create a basic estate plan including drafting a will
• interview clients and understand their expectations
• use different techniques in estate planning
• develop a successful wills and estates practice

Past participants said it best:

"Awesome overview. Very informative and inspiring."

"It was valuable to learn how other practitioners deal with issues in this area."

"Provided lots of excellent practice tips."

"The range of complexity and topics covered was great."

"Materials were an excellent resource—they will be used often."

Law Society of BC CPD Hours: 12 hours (a minimum of 2 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Course Chair
James D. Baird — Boughton Law Corporation, Vancouver

Pricing
"Last Kick at the Can 2015" Rebroadcasts: $950

Registration includes an electronic copy of the course materials.

CLEBC Program Lawyer
Nadia Myerthall
nmyerthall@cle.bc.ca

Course Chair
James D. Baird — Boughton Law Corporation, Vancouver

About the Course Chair
 James Baird leads Boughton Law’s Wills, Trusts & Estates Group, and also practices in the areas of corporate/commercial law and real estate. His wills and estates practice includes advising clients on estate planning and business succession matters. James has expertise in all aspects of estates law, from the conception and implementation of the estate plans through eventual administration of estates. He also frequently advises on ancillary areas such as probate management and administration of estates, powers of attorney, and trusts. James is a frequent lecturer and instructor in his areas of expertise. He was called to the BC bar in 1978.

Lunch Featured Speaker
Dr. Leslie J. Sheldon — Mount Saint Joseph Hospital, Vancouver

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Day 1: Thursday, January 29, 2015

Welcome and Introduction

James D. Baird — Boughton Law Corporation, 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

James D. Baird — Boughton Law Corporation, Vancouver

Role Play: The Interview Gone Wrong

Networking Break

The First Appointment

• the role of the lawyer
• preliminary information gathering
• the client interview
• difficult and/or challenging clients
• blended families—who are your instructions from
• post interview steps
• file management

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

Essential Tax Considerations for Will and Estate Planners

• fundamental tax concepts
• lifetime transfers and gifts
• tax consequences on death
• registered plans (RRSPs, RRIFs, TFSAs)
• the new testamentary trust rules
• planning strategies to minimize tax

Richard Weiland — Clark Wilson LLP, Vancouver

Networking Lunch

The Will

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

Laura West — Bull, Housser & Tupper LLP, Vancouver

Networking Break

The Basics of Probate and Estate Administration

A. Getting the Grant

• preparing your standard probate application
• special grants
• keeping the registry happy
• executor’s duties vs. lawyer’s duties

James D. Baird — Boughton Law Corporation, Vancouver
Kirsten E.H. Wharton — Brawn Karras & Sanderson, Surrey

B. How to Administer an Estate: From Collecting the Assets to Passing the Accounts

• advising the personal representative
• getting discharged
• getting the clearance certificate

James D. Baird — Boughton Law Corporation, Vancouver
Kirsten E.H. Wharton — Brawn Karras & Sanderson, Surrey

How to Develop a Wills and Estates Practice

• marketing and client development
• skills development
• pros and cons of focusing on a wills and estates practice
• differences in practice in a large firm vs. boutique firm vs. starting your own firm
• working with assistants and paralegals

Mike Beishuizen — Westcoast Wills and Estates, North Vancouver
Emily Clough — Alexander Holburn Beaudin + Lang LLP, Vancouver
Claire N. Wilson — Legacy Tax +Trust Lawyers, Vancouver

James D. Baird — Boughton Law Corporation, Vancouver

Role Play: The Interview Gone Right

Solicitors' Negligence, Avoiding Claims, and Managing Client Expectations

• reporting to client
• possible problems and pitfalls
• common claims made to the Lawyers Insurance Fund
• the initial appointment/taking instructions
• the engagement letter
• drafting and executing the will
• reporting and follow up
• following a defensive practice

Joel M. Altman — Hammerberg Lawyers LLP, Vancouver
Roger D. Lee — Davis LLP, Vancouver

Networking Break

The Use of Joint Tenancies and Beneficiary Designations in Estate Planning

A. Joint Tenancies

• planning opportunities
• possible problems and pitfalls
• "true" joint tenancies vs. "false" tenancies
• fraudulent conveyances

Brendan Burns — Miller Thomson LLP, Vancouver

B. Beneficiary Designations

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

Valorie Pawson — Pawson Law, West 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

Maria T. Holman — Boughton Law Corporation, Vancouver

Lunch with Featured Speaker: "The Potential Impact of Mental Disorders on Testamentary Capacity"

Dr. Leslie J. Sheldon — Mount Saint Joseph Hospital, Vancouver

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
• trusts for minors and disabled beneficiaries

Fiona Hunter — Horne Coupar, Victoria

Wills Variation Considerations

A. Wills Variation Under WESA

• changes from the repealed Wills Variation Act
• time limits
• notice provisions
• certificates of pending litigation
• spousal qualification
• assessment of the legal obligation with the Family Law Act
• reasons for disinheritance

B. Review of the Trend of Recent Variation Cases

• extent of testamentary autonomy
• competing claims by adult children
• blended family (spouse versus children) claims
• role of executor
• in terrorem clauses
• costs in litigation

Networking Break

C. Estate Planning Considerations

• how to deal with disinheritance of a spouse or child in a will
• memorandum of reasons
• participation of spouse/child in estate planning estoppel
• using the will as a ‘backup” to other estate planning
• ethical issues related to planning to avoid variation claims

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

Questions, Comments, and Discussion