12th Annual Intensive Wills and Estates Workshop

Faculty Agenda Download Brochure PDF

If you are newer to this complex practice area, this intensive workshop will provide you with the knowledge, skills and precedents you need to confidently advise clients on matters related to estate planning and administration.

You will learn:

• Techniques for substantiating capacity
• How to avoid or resolve drafting problems
• Effective strategies for using a roadmap and checklist when drafting
• Practical tips for advising on estate planning matters
• Strategies to avoid or reduce probate fees and estate tax liabilities
• How to handle situations where a challenge to a will is anticipated
• Claims-prevention methods to protect yourself
• How to manage unusual applications for Certificates of Appointment
• Identifying ethical and practice management issues

New this year – our 2015 Workshop features fully updated precedents and materials!

Faculty

Workshop Leader

• Rachel L. Blumenfeld, Miller Thomson LLP

• Risa C. Awerbuck, Torkin Manes LLP
• Gwen A. Benjamin, Wilson Vukelich LLP
• Brian E. Cohen, Dentons Canada LLP

Agenda

• Session One: 12th Annual Intensive Wills and Estates Workshop

  Original Date: November 12, 2015

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  • 6:00 pm
    Registration
  • 6:30 pm
    Welcome and Introduction from the Faculty
  • 6:35 pm
    Estate Planning and Administration: Initial Considerations

    • Questions to ask your client and why
    • Identifying confl icts and joint retainer issues
    • Substantiating capacity – what is your responsibility?
    • what are the red flags?
    • obligation of the legal advisor to ask probing questions
    • how can you protect yourself
    • Dealing with undue influence leading to will changes
    • How to choose the right executor and trustee
  • 7:30 pm
    Refreshment Break
  • 7:45 pm
    Overview of Key Estate Planning Tax Issues

    • What is a “Graduated Rate Estate” and how do you ensure GRE status
    • The taxation of testamentary trusts - working with the new GRE rules
    • spousal
    • disabled beneficiaries and “Qualified Disability Trusts”
    • “spendthrift”, minor and “Age 40” trusts
    • income-splitting
    • Charitable bequests and estate donations - understanding and implementing the new rules
  • 9:15 pm
    Session One Adjourns
• Session Two: 12th Annual Intensive Wills and Estates Workshop

  Original Date: November 19, 2015

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  • 6:00 pm
    Registration
  • 6:30 pm
    Welcome and Introduction from the Faculty
  • 6:35 pm
    Drafting, Execution and Reporting

    • The use of memoranda in wills – when is this appropriate?
    • Multiple wills: When to use and how to draft
    • Tips for advising on and drafting international wills
    • Insurance designations and insurance trusts
    • RRSP, TFSA and life insurance designations: if and how should these be included in the will?
    • Preferential treatment to one beneficiary re discretionary powers
    • Hotchpotting debts and advances
    • Drafting second death provisions in “mirror” wills
    • Avoiding common errors when dealing with complex situations, including:
    • real property
    • private companies
    • foreign assets
    • cottages
    • When to use anti-lapse provisions
    • Getting a will signed in difficult situations
    • Keeping a proper file- what documents you need to retain and why
    • Final reporting letter- how to draft and what to include
    • Where the will should be kept
    • What are your obligations to follow up with the client?
    • Techniques to avoid negligence claims
    • Ethical and practice management issues relating to the disclosure of notes and records
    • Continuing the relationship: Practice tips on being retained for estate administration services

    Note: There will be a 15 minute refreshment break
  • 9:15 pm
    Session Two Adjourns
• Session Three: 12th Annual Intensive Wills and Estates Workshop

  Original Date: November 26, 2015

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  • 6:00 pm
    Registration
  • 6:30 pm
    Welcome and Introduction from the Faculty
  • 6:35 pm
    Fundamentals of Estate Administration

    • Opening the file - how many separate files should be opened?
    • Who is your client?
    • Initial determination of assets and liabilities - which assets form part of the estate?
    • When is probate required?
    • When to use various probate avoidance techniques
    • Tips for advising and reporting to the estate trustee
    • Disclosure issues - what are the beneficiaries entitled to know?
    • Applications for Certificates of Appointment: what you need to know
    • How to comply with the new rules under the Estate Administration Tax Act
    • Gathering and managing the assets - special considerations for real property and business interests
    • Securing and administering the assets (with and without a certificate)
    • Distributing legacies and residuary distributions
    • Best practices for protecting yourself and your client
    • Income tax and the CRA
    • Executor’s compensation versus legal fees – where is the line and who decides?
    • Ascertainment of heirs on intestacy - what is the ranking order?
    • How to deal effectively with debtors and creditors in a bankruptcy or an insolvent estate
    • Potential liability issues facing the estate trustee

    Note: There will be a 15 minute refreshment break
  • 9:15 pm
    Program Concludes

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.