Trusts And Estates Practitioners Need To Be Aware Of Family Law Act

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November 10, 2009

Dan Pinnington

Trusts and Estates Practitioners Need to Be Aware of Family Law Act

Cross posted at AvoidaClaim.com

There is a fantastic article by John Harvey at page 12 in the October 26 issue of Law Times. (Sorry I can’t give you a public link – unfortunately it is locked up for Law Times subscribers – they can access it in the Law Times Digital Edition here.

While written for Ontario lawyers as it references the Ontario Family Law Act (FLA), the risk issues the article highlights are equally applicable to lawyers in other provinces and territories.

The article has some great comments and quotes from Lorne Wolfson of Torkin Manes LLP. The closing quote of the article says it all: “Estates practitioners must be extremely cautious when advising clients with respect to the potential consequences of estate planning techniques in the event of a separation of their clients and/or their client’s children”.

The article advises trusts and estates practitioners to think about the impact of the FLA when creating trusts. Trusts can certainly help with the deferral of taxes, but the FLA can throw some curves into the mix if the marriages of the clients or their beneficiaries end. In the event of a marriage breakdown the FLA dictates what counts as matrimonial property, and by extension, income if the issue of support in on the table.

The article has a good discussion of some of the issues and law in this area. It also makes another key point – estates practitioners shouldn’t dabble in family law – they should get some help from a lawyer that understands and can advise them on the potential FLA issues.

If you are a Law Times subscriber, pull the Oct 26 issue out of your inbox and read this article – it could help you AvoidAClaim.

Dan Pinnington is a technology evangelist and is well known for his “tech tips”. As the Director, practicePRO at the Lawyers’ Professional Indemnity Company (LAWPRO), Dan helps lawyers avoid malpractice claims. His vision, energy and ideas have made practicePRO an internationally recognized claims prevention initiative. He is a prolific writer, speaker and blogger on legal malpractice, risk management, legal technology, and law practice management issues. He is a veteran of hundreds of presentations at law firms and conferences all over North America and has chaired more than a dozen major conferences. Dan was inducted as a Fellow of the College of Law Practice Management in 2007. The American Bar Association just published The Busy Lawyer’s Guide To Success: Tips to Power Your Practice, a book he co-authored with Reid Trautz. He is currently Editor-in-Chief of the ABA LPM’s Law Practice magazine, was Chair of ABA TECHSHOW 2007 and helped launch the Law Practice Today Webzine.
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Identity Theft New Criminal Code Offences «« older \| newer »» LCO: Modernizing the Provincial Offences Act Consultation Paper November 10, 2009 Dan Pinnington Trusts and Estates Practitioners Need to Be Aware of Family Law Act Cross posted at AvoidaClaim.com There is a fantastic article by John Harvey at page 12 in the October 26 issue of Law Times. (Sorry I can’t give you a public link – unfortunately it is locked up for Law Times subscribers – they can access it in the Law Times Digital Edition here. While written for Ontario lawyers as it references the Ontario Family Law Act (FLA), the risk issues the article highlights are equally applicable to lawyers in other provinces and territories. The article has some great comments and quotes from Lorne Wolfson of Torkin Manes LLP. The closing quote of the article says it all: “Estates practitioners must be extremely cautious when advising clients with respect to the potential consequences of estate planning techniques in the event of a separation of their clients and/or their client’s children”. The article advises trusts and estates practitioners to think about the impact of the FLA when creating trusts. Trusts can certainly help with the deferral of taxes, but the FLA can throw some curves into the mix if the marriages of the clients or their beneficiaries end. In the event of a marriage breakdown the FLA dictates what counts as matrimonial property, and by extension, income if the issue of support in on the table. The article has a good discussion of some of the issues and law in this area. It also makes another key point – estates practitioners shouldn’t dabble in family law – they should get some help from a lawyer that understands and can advise them on the potential FLA issues. If you are a Law Times subscriber, pull the Oct 26 issue out of your inbox and read this article – it could help you AvoidAClaim. Dan Pinnington is a technology evangelist and is well known for his “tech tips”. As the Director, practicePRO at the Lawyers’ Professional Indemnity Company (LAWPRO), Dan helps lawyers avoid malpractice claims. His vision, energy and ideas have made practicePRO an internationally recognized claims prevention initiative. He is a prolific writer, speaker and blogger on legal malpractice, risk management, legal technology, and law practice management issues. He is a veteran of hundreds of presentations at law firms and conferences all over North America and has chaired more than a dozen major conferences. Dan was inducted as a Fellow of the College of Law Practice Management in 2007. The American Bar Association just published The Busy Lawyer’s Guide To Success: Tips to Power Your Practice, a book he co-authored with Reid Trautz. He is currently Editor-in-Chief of the ABA LPM’s Law Practice magazine, was Chair of ABA TECHSHOW 2007 and helped launch the Law Practice Today Webzine. [click on the author's name for more information] Respond: make a comment Share: Email \| Save as PDF \| Print \| Bookmark & Share \| \| More: in Practice of Law or Substantive Law \| from Dan Pinnington Comments are closed.		searching comments Slawtips case summaries TalkLaw/ParLoi noted on Slaw categories SlawNET search Slaw: the count: 8227 posts \| 11407 comments Slaw's canadian law blogs search: [get this search box for your site] recent comments Nate Russell on The Social Media Ecosystem Nate Russell on The Missing Link? 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Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »» Research Use join.me to Get on the Same Page Across the Web Wednesday, February 8 When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »» Technology Top 10 Financial Errors: #8 Always Assume More Risk Than Needed Friday, February 3 You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »» Practice noted on Slaw Statistics Canada, The Daily, Women in Canada Available online today are four new chapters of the publication Women in Canada: A Gender-based Statistical Report, which explores the socio-demographic and economic circumstances of Canadian women in general. Library Boy: Library of Parliament Legislative Summary of Bill on Adding New House of Commons Seats The bill amends the Constitution Act, 1867 by readjusting the number of members and the representation of the provinces in the House of Commons. Judges out of touch on privacy issues, says Ontario privacy czar Ars Technica: Law & Disorder: Startup hopes to hack the immigration system with a floating incubator Blueseed plans to buy a ship and turn it into a floating incubator anchored in international waters off the coast of California. An open letter to Canadian journalists - CAJ Under Prime Minister Stephen Harper, the flow of information out of Ottawa has slowed to a trickle. EXCESS COPYRIGHT: Fair Dealing Cases in the Supreme Court of Canada - December 6 and 7, 2011 - Links to Factums Ontario Commissioner Issues Significant Order on Custody or Control of University Records « All About Information "…the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request…" Library Boy: Library of Parliament Legislative Summary of Bill To Abolish Firearms Registry Federation of Law Societies of Canada John J.L. Hunter, Q.C. of Vancouver has been elected President for 2011-2012 Results of BC CBA Survey on Supreme Court Civil Rules [PDF] Detailed results from 321 members. MLB Selected Case Summaries These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. More information. McGowan v. Bank of Nova Scotia 2011 PECA 20 Banks and Banking - Liability of banks to third parties - Negligence - General The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ... Jones v. Tsige 2012 ONCA 32 Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ... Canadian Society of Immigration Consultants v. Canada (Minister of Citizenship and Immigration) 2011 FC 1435 Aliens - Definitions and general principles - Immigration consultants The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ... R. v. Benson (A.J.) 2012 SKCA 4 Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ... R. v. Rowe (J.) 2011 ONCA 753 Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices Rowe was convicted by a jury of five offences. He appealed. The Ontario Court of Appeal allowed ... R. v. Parker (T.) 2011 ONCA 819 Narcotic Control - Offences - Possession - General The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ... R. v. McCrady (R.C.) 2011 ONCA 820 Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ... R. v. Maloney (S.W.) 2011 ONCA 821 Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking) The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ... Catalyst Paper Corp. v. North Cowichan (District) 2012 SCC 2 Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ... The re-development of Slaw is assisted by a grant from the Law Foundation of Ontario TalkLaw/ParLoi This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law. Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar. 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Trusts and Estates Practitioners Need to Be Aware of Family Law Act

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