Legal Ramifications of Major Life Events: Surviving Divorce and Even Death – Part I
Saturday, September 10, 2011 – Vancouver, BC
Preconference Workshop
8:00 a.m. – 12:00 p.m.
The Living Will and Power of Attorney—Part I
Instructor: Suzanne B. Quinn, Quinn Law
There is only one way to ensure that your wishes are respected in the last stages of your life: planning for it. In this session, we will explore:
- The Living Will—a formalized statement of instructions on the steps to be taken should you require extraordinary medical treatment in order to sustain your life.
- Power of Attorney—giving someone you trust the authority to make decisions on your behalf in the event of your incapacity to make health care decisions and to take care of your finances. Without this, your spouse may be trapped in investments and real property—while you are incapacitated—until your death. More importantly, don’t let the public trustee take control. The importance of these documents cannot be underestimated.
We will also be discussing the impact of these documents on medical and other professionals to whom these documents are presented.
Matrimonial Property Issues – Part I
Instructor: Adamo Paniccia, Quinn Law
- Matrimonial property—what is matrimonial property? Who is granted rights to matrimonial property?
- Calculation of net family property and equalization—how does the division of property occur upon the breakdown of marriage?
- Calculating the growth of each spouse’s net worth from the date of the marriage to the date of separation.
- What property is included in his or her net family property?
- The value and impact of property that was gifted or inherited.
- The limits of the definition of “property”.
Legal Ramifications of Major Life Events: Surviving Divorce and Even Death – Part II
Sunday, September 11, 2011 – Vancouver, BC
Preconference Workshop
8:00 a.m. – 12:00 p.m.
Key Elements of an Estate Plan—Part II
Instructor: Suzanne B. Quinn, Quinn Law
In order to save your family a great deal of heartache and red tape, arrangements need to be made in advance and while you are still able to make your own decisions. Key elements of an estate plan: designating beneficiaries for your pension, life insurance and RRSPs, the last will and testament, and trusts. We will discuss the importance of getting your affairs in order while you are well and able and avoiding “emergency” will drafting.
- Designating Beneficiaries—keep some investments out of your estate and ensure your loved ones reap the benefits. How pensions fit into your estate plan.
- Last Will and Testament—appoint an executer and trustee to distribute your estate per your instructions after you pass away. Don’t let the government decide who gets what.
- Trusts—what is a trust? Inter vivos and testamentary trusts.
Handouts for doing your own estate planning will be made available for you to take home.
Matrimonial Property Issues – Part II
Instructor: Adamo Paniccia, Quinn Law
Pension Valuation issues
- Pensions—the inclusion of pensions as property in the net family property statement.
- Actuaries and valuations; valuation methods
Trading off equity in the home for the pension and the risk of “double-dipping” later on.
- Agreeing to “if and when” clauses for the pension—that is, to take it out of net family property and divide it when it is received.
- Trust interests in property—both inter vivos or testamentary trust and how they relate to marriage termination.
- Constructive and resulting trusts—ownership and its effect on net family property .
Claims that arise between married spouses in relation to property put in the name of one spouse.
- Equalization payment terms—the court's power to enforce an equalization payment in order to satisfy the obligation.