C it by f B ed cr ed y o f ov iet s o nt pr oc ur me Ap w S ho lop 7 La r 6. eve e th fo al d n sio es pr of s Planning for Clients with Assets and Beneficiaries in Multiple Jurisdictions Chaired by Carmen S. Thériault, Q.C. Bull, Housser & Tupper LLP November 6th, 2014 • UBC Robson Square • Vancouver, BC P A C I F I C B U S I N E S S & L A W I N S T I T U T E www.pb Planning for Clients with Assets and Beneficiaries in Multiple Jurisdictions The structure of Canadian families and businesses is becoming more complex and diverse than ever before, and increasingly clients present with assets and beneficiaries located worldwide. Inefficient planning can be disastrous for your clients, and practitioners must ensure they stay on top of the best practices and changes in this field. Give your clients peace of mind and security by learning to navigate planning methods and issues that arise when dealing with multiple jurisdictions. This program will keep you current on some of the most pressing developments and challenges faced by planners today, bringing together leading experts on estate planning, wealth management and taxation issues to provide you with practical, current advice for addressing the many challenges that arise when clients’ assets and beneficiaries are dispersed across multiple jurisdictions. Our expert faculty will provide you with practical planning tools and strategies that you can immediately apply to your practice. You will gain a solid understanding of essential issues and discuss the potential concerns that may arise from time to time. You Will Learn About: • The governing law of trusts • Select Canadian and international tax considerations • Wealth management and transition strategies for entrepreneurs with assets and beneficiaries in multiple jurisdictions • Practical tips for dealing with beneficiaries, assets and advisors in other jurisdictions • Multiple will strategies and practice tips • Tips and traps for dealing with certain US tax issues • Rectification of wills and trust instruments when planning goes awry Who Should Attend: • • • • • • • Wills, trusts, and estate lawyers Tax lawyers and professionals Accountants Insurance professionals Trust officers Financial planners and wealth management professionals Notaries Chair Carmen S. Thériault, Q.C., Partner, Bull, Housser & Tupper LLP, Vancouver, BC. Carmen Thériault leads the firm’s Wealth Preservation Group. She has extensive experience advising individuals, government and financial institutions in relation to: estate planning, including the creation, administration and regulation of domestic and offshore trust structures; trusts established for commercial purposes; First Nations trusts; estate administration matters; litigation involving the validity and interpretation of wills and trust documents, breach of trust allegations, the removal and replacement of trustees, wills variation claims and related issues; mental incompetency matters; and the establishment, operation and regulation of charities and other tax exempt organizations. Carmen is a regular speaker and writer for a variety of legal and non-legal audiences, and has been recognized as an expert in her practice areas by Best Lawyers in Canada, LexisNexis – Martindale-Hubbell, Expert Guides – Guide to the World’s Leading Trusts & Estates Practitioners and Canadian Legal Lexpert Directory. Faculty Litza N. Anderson, BA, LLB, TEP, Senior Will and Estate Planner, Scotiatrust, Vancouver, BC. Litza provides estate planning information to Scotiatrust clients and works with their legal advisors on implementing their estate plans. Litza clerked for the Tax Court of Canada in Ottawa and practised for several years at a large law firm in Toronto specializing in estate planning. Prior to returning to Vancouver, she worked in the Cayman Islands at one of the world’s largest offshore law firms specializing in succession planning for international high net worth clients. Litza was called to the Ontario Bar in 2002 and the BC Bar in 2009. Litza is an active member of the Vancouver Branch Executive of STEP and frequently speaks to professional and industry groups on estate planning issues. Sally Dennis, Partner, Farris LLP, Vancouver, BC. As head of Farris’ private wealth group, Ms. Dennis provides advice on all aspects of inter-generational wealth transfer and estate and business succession planning. She also provides trustee advisory and estate administration services. She has law degrees from Oxford, UBC and UVic and has practised in Vancouver since the mid-80s, initially as a business/securities/M&A lawyer at a major national firm, but as a trusts and estate planning lawyer for the last decade. Ms. Dennis is a member of the Society of Trust and Estate Practitioners, the Family Firm Institute, and the Estate Planning Council (Vancouver), and holds a certificate in family enterprise advising from the UBC Sauder School of Business. Sharon E. Duguid, Director, Center for Entrepreneurs and Family Enterprise, PricewaterhouseCoopers LLP, Vancouver, BC. Sharon Duguid is the Director for PwC’s Center for Entrepreneurs and Family Enterprise. The role of the Center is to support private companies and family enterprise in ensuring their governance, succession and operating strategies are effective and sustainable. Prior to joining PwC, Sharon was a Director of Executive Development Solutions International, LLC., a consulting collective with affiliates in Europe and the U.S. She specializes in succession and transition issues. Sharon has a Masters of Organizational Development, and has completed the UBC Sauder School of Business Certificate in Family Business Advising. Elizabeth Edinger, Associate Professor, UBC Faculty of Law, Vancouver, BC. Elizabeth Edinger joined the Faculty of Law in 1978 as Assistant Professor and was promoted to Associate Professor in 1987. Professor Edinger served as Associate Dean from 1988-1992 and from 1997-2003. Her teaching areas include Conflict of Laws, Constitutional Law and Creditors Remedies. She has published in each of these areas. Michelle L. Isaak, Associate, Davis LLP, Vancouver, BC. Ms. Isaak practises wills, estates and trusts. Before focusing on a solicitor’s practice in estate planning and administration, she was a member of Davis’s litigation department, where she practised family, estate and general commercial litigation. She advises clients on all aspects of estate and capacity planning, with a focus on working with executors, trustees and beneficiaries on estate and trust administration, including probate, dispute resolution, and passing of accounts. Ms. Isaak has a particular interest in complex trust and estate issues such as multi-jurisdictional estates, Aboriginal estates and trusts, insolvent estates, and estates involving acrimonious family relationships. Benita Loughlin, CA, Partner, KPMG LLP, Vancouver, BC. Ms. Loughlin is the leader of the International Executive Services tax group in the Vancouver office. She practises in the area of tax planning and compliance for individuals, estates and trusts in a U.S. and cross-border context. She advises individuals on tax matters related to their compensation, investments, retirement plans, estates, trusts, gifts and expatriation. Ms. Loughlin is a frequent speaker on cross-border tax planning topics and has authored and co-authored numerous articles for various publications. Nick Smith, Principal, Legacy Tax + Trust Lawyers, Vancouver, BC. Nick Smith is a principal with Legacy Tax + Trust Lawyers in Vancouver. For 25 years, Nick’s practice has focused on federal, provincial and international tax and estate planning, with an emphasis on owner manager corporate reorganizations, tax structuring of purchases and sales of businesses, business succession and working with trusts, estates and tax-planned wills. He also has particular expertise dealing with the 21 year deemed disposition rule applicable to most trusts. He was called to the British Columbia Bar in 1989 and is a frequent author and lecturer for a variety of professional organizations. Nick has been qualified by the British Columbia Supreme Court as an expert in Canadian taxation and has been selected by peers for inclusion in Best Lawyers in Canada (Tax Law) and Lexpert. Curtis R. Stewart, Partner, Deloitte Tax Law LLP, Calgary, AB. Curtis’ practice focuses exclusively on tax litigation and tax dispute resolution. He is recognized as a leading tax litigation practitioner by Chambers Global: The World’s Leading Lawyers for Business, by the Lexpert Lawyer Guide to Leading Lawyers in Canada and the International Tax Review Tax Controversy Leaders. Curtis has extensive experience dealing with provincial and federal tax authorities and conducting tax litigation in the Tax Court of Canada and Federal Court of Canada. He has defended criminal tax prosecutions in provincial court and at the Court of Queen’s Bench and has also appeared before the Supreme Court of Canada. Curtis is also recognized nationally as a leader in rectifying and correcting transactions with unintended tax consequences. Curtis has been a sessional lecturer in tax law and has published numerous articles in the area of taxation and tax litigation. David Thompson, Thorsteinssons LLP, Vancouver, BC. David was called to the bar in 1984 and has practised exclusively in taxation matters since 1985. David was a governor of the Canadian Tax Foundation. David is noted as a leading Canadian tax lawyer based on peer-review ratings in Lexpert and in Martindale Hubell. He is noted as a leading Canadian tax lawyer and a leading Canadian trust and estate lawyer based on peer-review ratings in The Best Lawyers in Canada. David has lectured extensively on taxation for various legal and financial audiences, including at the national and provincial tax conferences of the Canadian Tax Foundation and the national tax conference of the Canadian Institute of Chartered Accountants. Laura West, Partner, Bull, Housser & Tupper LLP, Vancouver BC. Laura is engaged in a general practice in the areas of wealth management, estates, trusts, and charity and not-for-profit law. She has been recognized by Best Lawyers in Canada (2012-2014) and was the co-recipient of a 2010 Lexpert Gold Zenith award recognizing pro bono work in the legal profession. Laura has taught Wills and Estates Planning at the University of Toronto Faculty of Law as an adjunct professor and she has lectured and written frequently on estate planning, charity and non-profit legal issues. REGISTER bli.com Planning for Clients with Assets and Beneficiaries in Multiple Jurisdictions Thursday, November 6th, 2014 9:00 Welcome and Introduction Carmen S. Thériault, Q.C. Bull, Housser & Tupper LLP 9:05 The Governing Law of Trusts Professor Elizabeth Edinger UBC Faculty of Law •Determining the proper law of a trust •Implications that flow from the governing law of a trust •Law of choice •Changing the governing law •Effect of the Hague Convention 9:45 Questions and Discussion 9:50 Select Canadian Tax Considerations Nick Smith Legacy Tax + Trust Lawyers •Residency and deeming provisions •Source rules for taxation of income •Tax implications of repatriating to Canada •Issues surrounding the use of interprovincial trusts 10:30Questions and Discussion 10:40Refreshment Adjournment 10:50Select International Tax Considerations David Thompson Thorsteinssons LLP •A brief history of the offshore trust rules •The current offshore trust rules •Basic compliance issues relating to offshore trusts •Repatriating offshore trusts •Tax impact of severing Canadian residency •Taxation of non-resident beneficiaries of Canadian trusts 11:30Questions and Discussion 11:40Wealth Management and Transition Strategies for Entrepreneurs with Assets and Beneficiaries in Multiple Jurisdictions Carmen S. Thériault, Q.C. Bull, Housser & Tupper LLP Sharon E. Duguid PricewaterhouseCoopers LLP •Role of family councils •Designing meaningful family charters •Internal communication tools and strategies •Effective education plans for beneficiaries •Building advisory boards that add value R TODAY! 12:20Questions and Discussion 12:30 Networking Luncheon 1:30 Faculty Roundtable: Practical Tips for Dealing with Beneficiaries, Assets and Advisors in Other Jurisdictions Litza N. Anderson Scotiatrust Michelle L. Isaak Davis LLP Sally Dennis Farris LLP 2:15 Multiple Will Strategies and Practice Tips Laura West Bull, Housser & Tupper LLP •Why use separate wills for assets in different jurisdictions? •Drafting tips unique to multiple wills •Traps to be avoided when using multiple wills •Practice points when administering multiple wills 2:55 Questions and Discussion 3:05 Refreshment Adjournment 3:15 US Tax Issues – Tips and Traps Benita Loughlin KPMG LLP •Best and worst methods for acquiring and holding US property •US gift tax issues •US estate tax issues •FATCA considerations 3:55 Questions and Discussion 4:05 Rectification of Wills and Trust Instruments Curtis R. Stewart Delotitte Tax Law LLP •Domestic and international case law update •The scope for rectifying wills and trust instruments when plans go awry •Alternatives to rectification: rescission, mistake 4:45 Questions and Discussion 4:55 Closing Remarks from the Chair 5:00 Program Concludes Information Four Ways to Register: Materials: The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be available for pick-up at the program. Please contact us at [email protected] if you are unable to attend the program and wish to purchase a set of materials. 1. Telephone us: 604-730-2500 or toll free: 1-877-730-2555 2. Fax us: 604-730-5085 or toll free: 1-866-730-5085 3. Mail your registration form with payment 4. Register at www.pbli.com/1104 Your Privacy: We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization. Registration: The registration fee is $770.00 plus GST of $38.50 totalling $808.50 covering your attendance at the program (in person or by live webinar), written materials, a light breakfast, a networking luncheon and refreshments throughout the day. Cancellations: Full refunds will be given for cancellations (less a $60 administration fee) if notice is received in writing five full business days prior to the program (October 30th, 2014). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, venue or availability of webinar for this event. Group Discounts: Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Payment: You may pay by VISA, MasterCard or cheque. Cheques should be made payable to Pacific Business & Law Institute. Registration fees must be paid prior to the program. Course Accreditation: Attendance at this course can be listed for up to 6.7 hours of continuing professional development with the Law Societies of BC and Upper Canada. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. When and Where: Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. UBC Robson Square is located at the basement level of 800 Robson Street in Vancouver, BC. Please visit http://www.robsonsquare.ubc.ca/find-us/ for directions. Planning for Clients with Assets and Beneficiaries in Multiple Jurisdictions Registration Form Pacific Business & Law Institute 305 – 1681 Chestnut Street Vancouver, BC Canada V6J 4M6 Telephone: 604-730-2500; Fax: 604-730-5085 E-mail: [email protected] November 6th, 2014 UBC Robson Square, Vancouver, BC Salute First Name In person Last Name Position/Title City Province/Territory Postal Code Telephone Fax Email Paid by: VISA MasterCard Cheque payable to Pacific Business & Law Institute Live webinar Firm/Company Address /// / Card Number Expiry Date Please indicate your areas of interest for future notifications (select all that apply): Trusts Tax Estate Planning Finance/Investments Other How did you hear about this program? Brochure Email Other PBLI Website Colleague Faculty Register today at www.pbli.com/1104 Please recycle
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