Agenda

9:00

Welcome and Introduction by PBLI

9:05

Chair's Welcome and Introduction

 

Carmen S. Thériault, Q.C.

Norton Rose Fulbright Canada LLP

 

9:10

Let's Settle This: Trust Settlement Issues and Advice

 

Carmen S. Thériault, Q.C.

Norton Rose Fulbright Canada LLP

 

  • Issues pertaining to choice of settlor
  • Settlement property and settlement costs
  • Advising settlors and trustees who are not clients
  • Advice for navigating procedural pitfalls

 

9:50

Questions and Discussion

10:00

Flagging Tax Issues When Structuring a Trust

 

Riley Burr

Norton Rose Fulbright Canada LLP

 

  • Achieving certain tax results in tricky contexts: trust involved in an estate freeze, principal residence trusts, and others
  • Dealing with practical issues during administration or windup: debt forgiveness, 21-year-rule issues for advisors, and other issues

 

  10:50

Questions and Discussion

  11:00

Refreshment Adjournment

  11:15

Drafting and Using Powers of Appointment

 

Laura West

Norton Rose Fulbright Canada LLP

  

  • Planning Issues and Opportunities
  • Drafting Considerations
  • Exercising Powers - Factors to Consider

 

12:05

Questions and Discussion

12:15

Networking Lunch

1:15 Trusts & Real Estate
  Sally Dennis

Farris, Vaughan, Wills & Murphy LLP

 

  • Pros and cons of holding real estate in a trust
  • New tax rules affecting principal residence trusts
  • Empowering the trustee
  • Property transfer tax - ins and outs and recent changes
  • Use and abuse of bare trusts

 

   1:55 Questions and Discussion
   2:05 Charitable Giving via Trusts: Tax Tips and Traps
 

Pam Prior

KPMG LLP

 

  • What kind of trust can or should be used to facilitate charitable gifting in a tax-effective manner?
  • Best practices from a tax perspective with respect to the use of trusts to facilitate charitable gifting

 

   2:45

Questions and Discussion

   2:55

Refreshment Adjournment

   3:10

Avoding and Dealing with Trust Disputes: Lessons from a Litigator

 

Roger Lee

DLA Piper (Canada) LLP

 

  • How a trustee should deal with conflicts of interest
  • Is a trustee obligated to give reasons for their decisions?
  • What documents should a trustee provide to the beneficiaries?
  • Remuneration and the importance of keeping records

 

   3:50

Questions and Discussion

   4:00

Issues for Professional Trustees

 

Fiona Hunter

Horne Coupar

 

Roger Lee

DLA Piper (Canada) LLP

 

Catharine Turner

RBC Wealth Management

 

  • A discussion of tricky issues and fact patterns that arise for professional trustees, including:

         - Conflicts of law issues: knowing when there is an issue and knowing how to resolve it

         - Issues that arise when handling joint accounts or joint property, as well as family law issues

 

   4:50

Questions and Discussion

   5:00

Chair's Closing Remarks and Conference Concludes