CONFERENCEvancouver

October 20–21, 2020Online

Estate Planning Conference 2020:Virtual Edition

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Planning CommitteeTo our Planning Committee Members: thank you all for your time, efforts, and commitment in helping bring this conference together.

Gordon BehanClark Wilson LLP

Martina ZanettiNorton Rose Fulbright

Canada LLP

Laurent MunierSafe Pacific Financial

Mark A. SchulhofCara Insurance Solutions

Suzanne SchulhofCara Consulting

Izumi Miki McGruerFreedom 55 Financial

Sheryne MecklaiManning Elliott LLP

Debra ThomasBMO Trust Company

Will ToddLawyer

STATEMENT OF PURPOSE

To provide a venue for all advisors within the Estate Planning Community to connect with and learn from each other in an effort to realize the benefits of taking a team approach from the outset when it

comes to estate planning for our clients.

OUR MISSION

To offer an annual educational event that promotes, fosters and supports a team approach to Estate Planning, building each year on a learning platform where advisors can obtain important updates and

expand their knowledge in the estate planning field.

VANCOUVER ESTATE PLANNING CONFERENCE

Dear Conference Participants,

Welcome to the 9th Annual Vancouver Estate Planning Conference

WE ARE EXCITED TO BE ‘STREAMING LIVE’ WITH YOU 2020 has unquestionably been a different and challenging year so far. When we said our farewells at the 2019 Conference and invited you to join us again this year, we had no idea we were going to be faced with a global pandemic. Those of us who were able to keep working, albeit from our basement or couch and not our office or boardroom, are the lucky ones. Many of our family, friends, and clients, and even some of our colleagues, have suffered significant financial and emotional hardship due to COVID 19. It was also a challenging year for our conference planning committee. We held out hope for as long as we could that we would be able to present the conference in the usual format, but that obviously was not meant to be. Finding a way to bring this annual conference to all professional advisors in the estate planning community was important to us. When it became clear that an in-person event would not be possible, we took on a new and exciting challenge to present our conference virtually for the first time ever. While the pace of this virtual event may feel different compared to our past conferences, we know that the quality and content of the presentations will meet or exceed that same level of excellence you have come to expect from this event. The updates, insights, and information our distinguished faculty will share with you over the next two days will help us to navigate our way through this ‘new normal’. We welcome audience participation and encourage you to virtually step up to the mic (aka in the virtual world as a chat room) and contribute your comments and/or ask questions. At the end of each session, the speaker chat room will be available for you to connect with or ask questions directly of the presenter. These chat rooms will remain open during the entire event giving participants lots of time to connect with presenters without having to miss any of the other sessions. CE credits are as important as ever and with a click of a button you will be able to apply for your credits at the end of each session. Your feedback is also important, so we encourage you to share your comments and thoughts with us. Networking opportunities have been built into this virtual event to allow plenty of time for professional and social interaction and we hope you will join for the virtual Cocktail Hour at the end of Day 1. In addition to Advocis and our National Sponsors, we are also truly indebted to our local sponsors and exhibitors. Thank you for taking a leap of faith and joining us in our virtual exhibit hall this year. We thank you all and hope we can count on your ongoing support as we continue to grow this annual event. We ask all conference attendees to please take the time to visit the exhibit booths and watch for our sponsors ads and commercials that will be running throughout the conference. To the Conference Planning Committee - Debra Thomas, Director, Trust Services, BMO Trust Company, CIM, TEP; Sheryne Mecklai, CPA, CA, TEP, Manning Elliott; Will Todd, Lawyer; Gord Behan, Partner, Clark Wilson LLP; Martina Zanetti, TEP, Associate, Norton Rose Fulbright LLP; Laurent Munier, Professional Financial Advisor, SafePacific; and Suzanne Schulhof, Cara Consulting. We cannot thank you all enough for sticking with us as we strived to deliver a great virtual event. You are an amazing team with invaluable insight and expertise, and your positivity and humour brought a bright light to the planning process. A big thank you to Donna Denham, the SSU team, Romtin Ghorbannia, Cyan Zebra Web Development (video and website), and Sheldon Barr and his technical crew for their guidance, expertise and the tremendous teamwork that went into producing and delivering this virtual conference to you. Once again, we sincerely thank our Conference Sponsors. We truly hope you understand how important your role is in successfully executing this conference and how much your support is appreciated. In closing we would like to express our thanks and gratitude to everyone attending this virtual conference. We hope you enjoy the virtual format experience and the opportunity to connect with, and learn from a strong network of professional advisors, rich in knowledge and experience. Izumi Miki McGruer Mark A. Schulhof Izumi Miki McGruer, CLU, CHFC, CFP, CHS Mark A. Schulhof CLU, CH.F.C, RHU, CFP Managing Director, Freedom 55 Financial President, Cara Insurance Solutions Co-Chair, Conference Planning Committee Co-Chair, Conference Planning Committee

Welcome Message

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Agenda/Day 1

TUESDAY, OCTOBER 20, 2020

8:30 AM SIGN IN & ORIENTATION

9:00 AM Prelude: Welcome and Opening CommentsIzumi Miki McGruer, Managing Director, Freedom 55 Financial

9:15 AM Plenary 1“What has happened to the Estate Planning Landscape in the past year? The 2020 Update”Presenter: Martina Zanetti, TEP, Associate, Norton Rose Fulbright LLP

10:00 AM Plenary 2The Rocky Road of Taxes in 2020… and the tax planning opportunities createdPresenter: Sheryne Mecklai, CPA, CA, TEP, Manning Elliott

10:30 AM BREAK

10:45 AM Plenary 3New Ways We Sign Wills: digital lights up the dark agesPresenters: Mary Hamilton, Partner, Alexander Holburn + Lang LLP

11:30 AM Plenary 4Post-Mortem Planning for private company sharesPresenter: Chris Ireland. CPA, CA, TEP, Sr. VP of Planning Services at PPI

12:15 PM LUNCH

12:45 PM Plenary 5Like Sand Running Through One’s Fingers: Determining Spousal RelationshipsPresenter: Scott Boucher, Senior Associate, Norton Rose Fulbright LLP

1:30 PM Plenary 6Cross Border Estate Planning Primer – Knowing When You Don’t KnowPresenter: Will Todd, Lawyer

2:15 PM BREAK

2:30 PM PROFESSIONAL ETHICSDoing Things Right vs. Doing the Right ThingModerator: Gordon Behan, Partner, Clark Wilson LLPPresenters: Lawyers – Ken Vimalesan and Gillian Crouch;Accountants – Tim Duholke and Hugh Woolley;Trust Professionals – Jessica Lo and Steve IvackoFinancial/Insurance advisor – Liz Chichka.

3:30 PM Closing Comments and Day One Wrap Up Izumi Miki McGruer & Mark Schulhof, Conference Planning Committee

4:00 PM COCKTAIL HOUR

VANCOUVER ESTATE PLANNING CONFERENCE

Agenda/Day 2

WEDNESDAY, OCTOBER 21, 2020

8:30 AM SIGN IN & ORIENTATION

9:00 AM Welcome and Recap of Day One Izumi Miki McGruer, Managing Director, Freedom 55 Financial

9:10 AM Plenary 7“Facts and Fiction and some challenging events and people”Presenter: Debra Thomas, Director of Trust Services, BMO

9:55 AM Plenary 8Cross Border Trusts – Welcome to the UnexpectedPresenters: Will Todd, Lawyer & Sheryne Mecklai, CPA, CA, TEP, Manning Elliott

11:00 AM BREAK

11:15 AM Plenary 9So you thought you knew Whole Life… removing the complexitiesPresenter: Michael Haywood, LLB, TEP, Trowbridge Haywood Wealth Partners

12:00 PM LUNCH

12:45 PM Plenary 10Tech Update: Pandemic Accelerates Digital Estate PlanningPresenter: Sharon Hartung, P.Eng, MSc, PMP, CD

1:45 PM Litigator vs. PlannerBattle Royale III – The Rubber MatchGord Behan, Litigator vs. Geoff White, Planner, Clark Wilson LLP

2:45 PM Closing Comments and Wrap Up Izumi Miki McGruer & Mark Schulhof, Conference Planning Committee

CE CREDITS AVAILABLE

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Day 1 / October 20

10:00 AM THE ROCKY ROAD OF TAXES IN 2020… AND THE TAX PLANNING OPPORTUNITIES CREATED

PLENARY 2

- A review of the changes in tax rules in 2020

- How these tax changes and the effects of the pandemic could impact your estate

- Tax opportunities the pandemic provides

Sheryne Mecklai CPA, CA, TEP, Manning Elliott LLP

Sheryne primarily focuses on estate planning and business succession services for Canadian owner-managed businesses in a wide range of industries. She has extensive experience working on engagements such as complex estate plans, and Canadian cor-porate, trust and personal tax compliance.

After obtaining her Bachelor of Business Administration from Simon Fraser University, Sheryne began her accounting career as an articling student with a local mid-sized accounting firm. She attained her CA designation from the Institute of Chartered Ac-countants of British Columbia in 2002. Before joining Manning Elliott in January 2014, Sheryne worked as a Senior Tax Manager for an international accounting firm. Sheryne also obtained her Trusts and Estate Practitioner designation in 2016.

Link to full bio

9:15 AM “WHAT HAS HAPPENED TO THE ESTATE PLANNING LANDSCAPE IN THE PAST YEAR?” THE 2020 UPDATE

PLENARY 1

Martina will provide an overview of recent case law, including on s.58-declared wills, resulting trusts associated with beneficiary designations, and secret trusts.

Martina Zanetti Associate, Norton Rose Fulbright Canada LLP Martina Zanetti is a trusts and estates lawyer. Her practice focuses on estate planning, estate administration, and incapacity matters. Martina assists clients with preparing wills, powers of attorney and healthcare representation agreements, as well as the docu-mentation required to establish and fund discretionary family trusts, alter ego trusts, joint partner trusts and other trust structures.

She possesses a strong base in family law, which she utilizes to assist clients in design-ing estate plans that achieve their objectives. Martina also advises clients who are acting as executors or trustees regarding their duties and powers and on will and trust inter-pretation matters.

Link to full bio

9:00 AM PRELUDE: WELCOME AND OPENING COMMENTS

10:30 AM BREAK

VANCOUVER ESTATE PLANNING CONFERENCE

Day 1 / October 20

11:30 AM POST-MORTEM PLANNING FOR PRIVATE COMPANY SHARES PLENARY 4

Owning shares of the family business can result in significant tax on death, with the potential for double tax. This pres-entation will review how that double tax can arise and the post mortem planning alternatives that must be considered to minimize the tax bill, including the use of corporate owned life insurance.

Chris Ireland CPA, CA, TEP, Senior Vice-President, Planning Services

Chris has over 30 years of tax experience including several years as a tax partner in the Vancouver office of KPMG where he was in charge of the firm’s national estates and trusts practice and the Vancouver office’s personal tax services group. Chris has been the coordinator and lecturer for the CICA advanced tax course, “Advanced Tax Issues for the Owner-Managed Business” and he is currently on the board of STEP Canada as well as being Deputy Chair. He is a past Chair of the Vancouver branch of STEP and a past presi-dent of the Vancouver Estate Planning Council. Chris is a frequent lecturer and author in the area of tax planning and wealth preservation.

Link to full bio

10:45 AM NEW WAYS WE SIGN WILLS: DIGITAL LIGHTS UP THE DARK AGES PLENARY 3

The old ways were changing before Covid-19, but the pandemic accelerated additional changes to how Wills can be effectively signed in BC. First, the government produced temporary emergency Ministerial Orders and then amended the Wills, Estates and Succession Act.

What you need to know about the new rules - what works? what doesn’t work (yet)? And how complicated is signing a Will in our new age?

Mary Hamilton Partner, Alexander Holburn Beaudin + Lang LLP Mary Hamilton QC, is a Partner in the Wills, Estates and Trusts and Charities + Non-Profit Practice Groups and has extensive experience in matters relating to wills, trusts and es-tate administration. Mary has held senior positions with various wills, estates and trusts groups in Vancouver and was named Vancouver Trusts and Estates Lawyer of the Year by Best Lawyers® in Canada in 2011 and 2017.

Mary advises clients about their estate planning including the use of wills, alter ego and joint spousal trusts, discretionary family trusts, qualified disability trusts, charitable giv-ing and other vehicles to transition wealth during life and on death.

Link to full bio

12:15 PM LUNCH

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Day 1 / October 20

1:30 PM CROSS BORDER ESTATE PLANNING PRIMER – KNOWING WHEN YOU DON’T KNOW

PLENARY 6

Will presents a guide to answer many of the questions that regularly arise for British Columbians who have family members who are American citizens or reside in the U.S., or own U.S. investments and assets subject to U.S. taxation. Questions will include: Who is subject to U.S. taxation? – are the kids unexpectedly American? | What options are available for Canadian-resident Americans who have not kept current with their U.S. income tax filings and should they renounce U.S. citizenship? | When do U.S. estate and gift taxes apply and how are they calculated for Americans and Canadians owning U.S. property? | What trusts should a British Columbian have in her will if the beneficiaries are Americans? | How can a B.C. couple, where one is U.S. and the other is not, best address exposure to U.S. capital gains tax on their B.C. home? | Why you do not want to transfer your Canadian real estate to joint title with your child who is an American citizen? | Why becoming a U.S. citizen may be the best way for some green card holders to end exposure to U.S. taxation? | Who is going to win the U.S. election and what tax legislation is coming that will impact our clients (warning: may contain spoilers)?

Will Todd Associate Counsel, Lawyer

Will Todd is an independent lawyer who provides cross-border tax and estate planning advice to individuals and families from his downtown Vancouver office. Will provides tax and estate planning solutions for Canadian-resident U.S. citizens and their family members and Canadians owning or acquiring U.S. real property, among others with exposure to Canadian and US taxation. For more than a decade, Will has focused his legal practice on helping individuals and families with wills, trusts and other structures (including planned giving), and prior to that he worked with major law firms in Boston and Toronto. Will is a member of the bar in British Columbia and Ontario, and is licensed to practice law in Massachusetts and New York.

Link to full bio

2:15 PM BREAK

12:45 PM LIKE SAND RUNNING THROUGH ONE’S FINGERS: DETERMINING SPOUSAL RELATIONSHIPS

PLENARY 5

- Legal definitions of spousal relationships - Objective versus subjective factors

- Recent trends and unique cases - Practical considerations for clients

Scott Boucher Senior Associate, Norton Rose Fulbright Canada LLP Scott Boucher is an associate in Norton Rose Fulbright’s litigation group,

practising general commercial litigation with an emphasis on insolvency and

restructuring and estates litigation. He assists clients and senior lawyers on a

wide variety of matters, including contract and property disputes, insolvency

files including receivership, CCAA, bankruptcy and foreclosure proceedings,

wills variation claims, and trusts litigation.

Link to full bio

VANCOUVER ESTATE PLANNING CONFERENCE

Day 1 / October 20

2:30 PM PROFESSIONAL ETHICS: DOING THINGS RIGHT VS. DOING THE RIGHT THING

As various types of estate-planning professionals attend our conference, we assembled professionals from four dif-ferent disciplines to discuss ethic issues relevant to their practice. Given that we all work in the estate planning area, there will be interesting overlap between your own practice and those of our presenters.

Gordon Behan, Partner, Clark Wilson LLP Gord Behan – Moderator

Link to full bio

Ken Vimalesan, Legacy Tax & Trust Lawyers Presenting the Legal Perspective

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Tim Duholke, Senior Tax Advisor Presenting the Accounting Perspective

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Jessica Lo, Manager, Estate Planning and Lawyer at Solus Trust Company Limited Presenting the Trust Officer Perspective

Link to full bio

Gillian Crouch, Wills & Estate Lawyer, Gillian Crouch Law Presenting the Legal Perspective

Link to full bio

Liz Chichka, Regional Compliance Con-sultant, Advisor Compliance, Advisory Network Canada Life, Quadrus Investment Services Presenting the Financial and Insurance Advisor’s Perspective

Link to full bio

Hugh Woolley, CPA, CA Presenting the Accounting Perspective

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Steve Ivacko, Principal at CV TrustCo Inc. Presenting the Trust Officer Perspective

Link to full bio

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3:30 PM CLOSING COMMENTS AND DAY ONE WRAP UP

4:00 PM COCKTAIL HOUR

Day 1 / October 20

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Day 2 / October 21

9:10 AM “FACTS AND FICTION AND SOME CHALLENGING EVENTS AND PEOPLE” PLENARY 7

A Power of attorney is a very powerful document however there are a lot of misconceptions about what it is and how it can be used. Debra will explore the ‘facts and fiction’ and cover some interesting challenges and situations in dealing with powers of attorney.

Debra J.P. Thomas TEP, CIM, Director of Trust Services, BMO Trust Company

Debra works with clients and advisors to develop and implement solutions for wealth planning issues. She provides advice on structuring estate plans, protecting assets and ensuring an efficient and effective administration and transfer of assets. Also, she provides advice through BMO Trust Company’s agent services to individuals who act as powers of attorney and in other similar roles.

Debra is well regarded in the estate and trust community and has served in several leadership roles throughout her career. She is a former Chair of the Society of Trust and Estate Practitioners’ Vancouver branch and a former President of the Estate Planning Council of Vancouver.

Using a holistic approach, Debra collaborates with her colleagues in BMO Private Bank-ing to design integrated solutions to help clients achieve their personal wealth goals.

Link to full bio

9:00 AM WELCOME AND RECAP OF DAY ONE

VANCOUVER ESTATE PLANNING CONFERENCE

Day 2 / October 21

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9:55 AM CROSS BORDER TRUSTS – WELCOME TO THE UNEXPECTED PLENARY 8

Trusts can be essential tools for many planning concerns and objectives: asset management, tax, estate, incapacity and liability; but when they are combined with families and assets that span the Canada-U.S. border the results can turn to the unexpected. This is so even for planning experts on either side of the border, and planning and reporting can really get challenging as people move, assets change and families grow. Our presentation will consider a family that started with typical, well considered planning that drifted into challenging territory as life happened (as it does). Sheryne will present an accountant’s perspective on the reporting and taxation consequences and Will brings the le-gal perspective on planning and drafting points that can be missed; and we will together suggest some practical and timely points to watch for in these challenges that seem always to come for advice too late in the game.

Will Todd Lawyer, Associate Counsel Will Todd is an independent lawyer who provides cross-border tax and estate planning advice to individuals and families from his downtown Vancouver office. Will provides tax and estate planning solutions for Canadian-resident U.S. citizens and their family members and Canadians owning or acquiring U.S. real property, among others with exposure to Canadian and US taxation. For more than a decade, Will has focused his legal practice on helping individuals and families with wills, trusts and other structures (including planned giving), and prior to that he worked with major law firms in Boston and Toronto. Will is a member of the bar in British Columbia and Ontario, and is licensed to practice law in Massachusetts and New York.

Link to full bio

Day 2 / October 21

11:00 AM BREAK

Sheryne Mecklai, CPA, CA, TEP, Manning Elliott Sheryne primarily focuses on estate planning and business succession services for Canadian owner-managed businesses in a wide range of industries. She has extensive experience working on engagements such as complex estate plans, and Canadian corpo-rate, trust and personal tax compliance.

After obtaining her Bachelor of Business Administration from Simon Fraser University, Sheryne began her accounting career as an articling student with a local mid-sized accounting firm. She attained her CA designation from the Institute of Chartered Ac-countants of British Columbia in 2002. Before joining Manning Elliott in January 2014, Sheryne worked as a Senior Tax Manager for an international accounting firm. Sheryne also obtained her Trusts and Estate Practitioner designation in 2016.

Link to full bio

VANCOUVER ESTATE PLANNING CONFERENCE

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Day 2 / October 21

12:45 PM TECH UPDATE: PANDEMIC ACCELERATES DIGITAL ESTATE PLANNING PLENARY 10

If the pandemic has done nothing else, many of your clients have now become immersed in technology. Clients, who either have been forced to shift “non-essential work” to tele-worker and/or are now reliant on technology to keep their social connections, your clients are now dependent on tech like never before. Your client may not have had a digital life or a digital estate before the pandemic, but they have one now. And that will have an implication on estate planning and your firm’s policy and practices in dealing with digital assets. This plenary session will refresh on the latest on the digital assets topic and provide a digital estate case study from a tech management perspective during estate admin-istration and outline the implications for estate planning. Client’s questions are also extending beyond digital assets into the art of the digital possible, and the use of technology in client engagements for both digital and physical assets is shaping up to be a competitive necessity.

Sharon Hartung P.Eng, MSc, PMP, CD Sharon Hartung, Captain (Ret’d), PEng, MSc, BEng, PMP®, CD, rmc, is a retired aerospace engineer-ing officer from the Royal Canadian Air Force and former technology executive from IBM. She has been providing information technology management advice to clients for over 30 years.

Recognized as an innovator throughout her career, Sharon is currently an entrepreneur in the estate industry. With her experience in information technology, project management and consulting, Sha-ron brings a unique multiple disciplinary approach to managing digital assets in estate planning and estate administration.

Link to full bio

12:00 PM LUNCH

11:15 AM SO YOU THOUGHT YOU KNEW WHOLE LIFE… REMOVING THE COMPLEXITIES PLENARY 9

During this presentation, Michael will cover three areas:

1. The birth of whole life insurance. 2. What is whole life like as an asset?

3. To borrow or not to borrow?

Michael Haywood LLB, TEP, Trowbridge Haywood Wealth Partners

Michael Haywood began practicing law in 1982 at the Vancouver firm Ladner Downs. He later joined Canada Life as in-house counsel advising in the areas of tax and estate plan-ning for their major clients across western Canada.

Since 2000 Michael has worked independently of any single financial institution, advis-ing business families and professionals on insurance and estate planning issues.

Michael has long been sought out by industry peers to assist on their most complex cases.

Link to full bio

VANCOUVER ESTATE PLANNING CONFERENCE

Day 2 / October 21

1:45 PM BATTLE ROYALE III – THE RUBBER MATCH LITIGATOR VS. PLANNER

Geoff and Gord will battle over: (a) trusts that may (arguably) be able to shield planning from a litigator’s attack; (b) the potential vulnerability of beneficiary designations; and (c) the implications of family law.

Gord Behan (Litigator) Associate, Clark Wilson LLP Determination, teamwork and skill—the characteristics that are necessary to succeed in sports also apply to achieving legal success. With sports as a major part of Gordon’s life, he relies on those characteristics in his legal practice, building a strong case, developing a comprehensive strategy and implementing it with tenacity.

Recognizing that a lawsuit can be difficult, time-consuming and distracting for the people involved, Gordon attempts to assume this burden, navigating the legal waters and helping reduce stress for our clients. Gordon enjoys dissecting the opposing party’s arguments and responding to the opposing party’s tactics.

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2:45 PM CLOSING COMMENTS AND WRAP UP

Geoff White (Planner) Lawyer, Clark Wilson LLP Geoffrey W. White is the principal of the Geoffrey W. White Law Corporation. He has re-ceived honours in Wills, Estates and Client Counseling. Within the Canadian Bar Associa-tion, he is the Acting Chair of the National CBA Elder Law Section. He is Past President of the Wills & Trusts (Okanagan) Section, and a member of the Charity Law Section and Tax Law Section. He is Past President of the Kelowna Estate Planning Society and a past member of the Succession Law Reform Committee of the BC Law Institute. He is also a member of the Kelowna Gift Planning Roundtable, the Central Okanagan Foundation Grants Committee, the Planned Lifetime Advocacy Network, the Canadian Tax Founda-tion and the International Society of Trust and Estate Practitioners (STEP). Geoff is cur-rently a director of the BC Centre for Elder Advocacy and Support Society which operates BC’s only Elder Law Clinic with the support of the BC Law Foundation.

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Thank You to Our Sponsors

PLENARY 9PLENARY 1 PLENARY 2 & 4

Thank You to Our Sponsors

L O B B Y S P O N S O R S

E X H I B I T S P O N S O R S

S E S S I O N S P O N S O R S

E V E N T S P O N S O R

Thank You to Our Sponsors Thank You to Our Sponsors

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