Vancouver Island University Naomi Estate Goals and Current Situation Case Study - Business Finance
Hi. I need help in answersing Question 1 part a,b,c,d on pages 10-15. It is a case study based scenarion where the infomration about the case is given on pages 7-9. It is more of theoratical based answer. It does not involve any calcualtion. Thanks.
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Unit 4 - Analysis:
Estate Planning
Unit 4 - Analysis: Estate Planning v2.3
2020-02-06
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
TABLE OF CONTENTS
01
Introduction
2
02
Unit 4 Assignment - ANALYSIS: ESTATE PLANNING
6
03
Resources
34
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UNIT 4 - ANALYSIS:
ESTATE PLANNING
01
CFP® PEP
Introduction
Assignments are culminating activities based on a realistic client scenario and will assess your knowledge
and skills in applying concepts in Financial Planning, Professional Responsibility, and Human Behaviour.
In order to receive full marks, it is expected that:
(1)
you have completed the relevant learning material; and
(2)
you demonstrate that you are able to APPLY what you have learned to the specifics of the Naomi Golden
case study.
Question weightings are provided throughout this assignment (indicated as a “\%” of the total assignment
mark).
This document includes the information you will need to complete the assignment: case details, assignment
questions, and resources and tools. This is the document where you will enter your answers to the assignment
questions, and what you will upload for submission to FP CanadaTM upon completion.
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UNIT 4 - ANALYSIS:
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Important! Ensure you complete and submit all assignments by the required due date.
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UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Managing Your Time and Instructor Support
For this assignment you should anticipate spending approximately 5 hours to complete. Should you require
guidance, or need assistance with any of the assignment questions, please feel free to use the “Ask the
Instructor” discussion forum. You can also take advantage of our live dial in “Office Hours” support sessions
with a live Instructor. Check the FP Canada InstituteTM Learning Platform Instructors Office Hours web page
for dates, times and access information.
Your Task for this Assignment Unit 4 - Analysis: Estate Planning
For this assignment, you will:
1. Open the Unit 4 - Analysis: Estate Planning PDF document you saved to your desktop using the
Adobe Reader software.
Important! Right click and select Save As to save the PDF document to your desktop.
Do not enter your assignment responses when the document is open in the browser
as your changes will not be saved.
2. Read the information pertinent to the case and enter your responses to the questions in this document
3.
Once you have reviewed the document and are satisfied with your responses (including spelling and
grammar), Upload and Submit the Unit 4 - Analysis: Estate Planning document to the Learning
Platform. You may only submit your assignment once. As soon as it has been submitted, you will
be granted access to the Unit 5 - Recommendations and Plan: Estate Planning.
Remember! This is a continuation of Unit 3 - Section 2 Discovery: Estate Planning.
•
If you selected the area of Estate Planning in Unit 3, continue to assess Naomi’s current estate
situation and evaluating estate planning strategies to help address her goals and needs.
•
If you did not previously choose Estate Planning, return to the Assignments page and select
the correct assignment for Retirement Planning or Financial Management.
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UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Purpose of the Unit 4 Assignment:
In this assignment, you will apply:
•
Frameworks and guidance introduced in Unit 4 - Financial Planning for assessing Naomi’s current
estate situation and evaluating estate planning strategies to help address her goals and needs;
•
Strategies introduced in Unit 4 - Professional Responsibility for addressing ethical considerations
that arise as you begin analyzing information collected during your discovery with Naomi; and
•
Strategies introduced in Unit 4 - Human Behaviour for overcoming a common challenge in the analysis
phase – jumping to conclusions – by building awareness of your potential biases, heuristics, and planner
tendencies, and learning the importance of thoroughly validating strategies for Naomi to ensure you
have not overlooked any other appropriate or additional options.
5
UNIT 4 - ANALYSIS:
ESTATE PLANNING
02
CFP® PEP
Unit 4 Assignment - Analysis: Estate Planning
6
UNIT 4 - ANALYSIS:
ESTATE PLANNING
Part 1:
CFP® PEP
Assess Current Estate Position
Analyze Naomi’s Estate Position
Review the notes below from the discovery meeting as they relate to Naomi’s estate goals and current situation.
Estate Planning – Discovery Notes
Family Profile:
•
Age 49; Naomi was born in London, Ontario. Her mother, Sarah, is 78 years old and in excellent health.
Her dad, Jacob, died 8 years ago at age 74 from lung cancer caused by smoking.
•
Naomi was married for 23 years to Larry Golden, a cardiac surgeon. She was not married previously
or since. She and Larry moved to Houston Texas for 3 years while he completed his surgical residency.
She did not work while there – the twins were born and required all her attention.
She is not eligible for any foreign pension.
•
Naomi and Larry separated two and a half years ago and their divorce is now final. The divorce was
reasonably cordial.
•
Daniel and Benjamin are their twin sons, age 21. Daniel is in medical school at McGill University in
Montreal and is hoping to become a doctor, like his father.
•
Benjamin has cerebral palsy as a result of complications during birth. He has moderate to severe
mental and physical disabilities. He qualifies for the Disability Tax Credit and government funding
(Ontario Disability Support Program). He lives in a group home in Toronto. His basic living expenses
and support workers are funded by the province.
•
Naomi is Benjamin’s legal guardian – she is responsible for his finances and personal care decisions.
He has a normal life expectancy but will always require support. He has adapted well to the group
home where he has lived for 2 years and seems happy there.
•
Daniel is very devoted to Benjamin. But Naomi does not want Daniel to be burdened with his
brother’s care after she is gone.
•
Naomi was an executive at YYZ Airlines until she lost her job in a merger-related reorganization
four months ago. She had worked there for 27 years, since graduating from university. She found
satisfaction in her work and could probably obtain similar employment with another airline but
is very disenchanted with the corporate world and would rather do something quite different.
•
She has spent most of her non-working time caring and advocating for Benjamin. She also loves
to cook and is an expert baker.
•
Naomi is an only child and has strong ties with her mother. She believes Sarah is financially
independent and does not expect to have to support her in the future. She is likely to receive an
inheritance at some point but does not want to factor that into her plan. Sarah lives in a condo in
Niagara-on-the-Lake, about 100 km away from Naomi.
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UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
•
Although Larry earns more than she does, she did not request spousal support. Larry pays for Daniel’s
education expenses and Naomi has been looking after “extras” for Benjamin. During their marriage,
Larry looked after the investments and Naomi handled the day-to-day finances.
•
Naomi holds Canadian citizenship. The twins were born in Texas during Larry’s medical residency,
so she supposes they are dual Canadian/US citizens. Naomi did not work during the three years
the family spent in Texas.
Estate Planning
•
Naomi loves both of her sons equally and would like to leave them equal inheritances.
•
Naomi wants to be remembered as dependable, kind and generous to those close to her. She
devotes time and money each year to the Cancer Society in memory of her father but has not
been thinking of leaving an amount to the charity when she’s gone.
•
She would like to leave some funds to the charitable organization that runs Benjamin’s group home,
for renovations or equipment. Perhaps $100,000, if possible.
•
Naomi does not have a Power of Attorney for Property or for Personal Care.
•
Her existing will names Larry as executor and sole beneficiary and her sons as equal beneficiaries if
Larry predeceased her. The will was executed when the boys were minors and Larry’s brother was
named as guardian and executor if both she and Larry died. There is no mention of alternate executors.
•
Naomi thinks Daniel would be the most suitable person to handle things on her behalf if she was
incapacitated or died, and also to take over legal guardianship of Benjamin, but she worries about
the time commitment required, since Daniel is likely to be very busy with his medical career and
(hopefully) a family. Also, it’s not clear where Daniel might end up. He’s at school in Quebec but
could move to the US if he had opportunities there.
•
She also wants to make sure that Benjamin is not a burden to his brother, financially or otherwise.
•
Naomi is aware of the problem of Benjamin holding an inheritance in his own name, as his eligibility
for ODSP would be jeopardized. From parents of other disabled individuals, she has heard of special
trusts that could resolve this problem while still allowing Benjamin to receive the “extras” that she
now provides. She does not have any concerns about Daniel receiving his inheritance as he is very
responsible.
•
Naomi is apprehensive about the possibility of a new relationship with Gordon and the financial
complexity that it may bring.
•
Naomi has looked into the process of removing Larry from her employer pension as survivor annuitant,
which is a simple matter of providing her divorce papers to her pension administrator. By removing
Larry from her pension, Naomi’s annual pension entitlement would remain unchanged at $58,800.
The commuted value also remains unchanged.
•
Naomi believes that Larry or Larry’s lawyer holds her will so a copy is not readily available to her.
She’d prefer not to chase after this document.
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UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Naomi’s Updated Jobs, Pains, and Gains – Estate
Based on all you learned about Naomi during the discovery process, you have updated her Jobs, Pains and Gains
as it relates to her estate position as follows:
JOBS
•
Update estate documents to address Naomi’s estate wishes. She loves both of her sons equally
and would like to leave them equal inheritances. She would also like to leave some funds to the
charitable organization that runs Benjamin’s group home, for renovations or equipment, in the
range of $100,000.
•
Update estate documents to ensure that Daniel is not burdened with looking after Benjamin,
financially or otherwise.
•
Ensure Benjamin is looked after for the remainder of his life, even absent government benefits.
PAINS
•
Concern for her sons, especially Benjamin, in the event of her death.
•
Embarrassed at her lack of financial knowledge, particularly around investing.
•
Apprehension around a new relationship with Gordon, and its financial implications.
GAINS
•
Confidence that she’ll be okay in the next phase of her life – in particular, if she goes ahead with
the bakery purchase.
•
Peace of mind in knowing that her estate plan is in order and that her children will be taken care
of after her death.
Based on the summary notes above from your discovery meeting with Naomi, analyze Naomi’s current estate
position by responding to the following four questions.
9
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Question 1a): Assess Naomi’s Will and POAs for Property and Personal Care (10\%)
Using the Model for Assessing Client’s Current Position and the learning in Unit 4 - Financial Planning, assess
Naomi’s choice of executors and attorneys and identify the main issues and opportunities, if any.
•
Issues are factors that may negatively impact Naomi’s ability to meet her goals.
•
Opportunities are ways that Naomi may more efficiently meet her goals (e.g., tax efficiencies she may
be able to take advantage of).
Use the templates below to organize and enter your responses. Include as many points in your answer that you
consider relevant.
Assess Naomi’s Will and POAs for Property and for Personal Care
Assess whether there have been material
changes in the client’s life since their will was put
in place (marriage, separation, divorce, deaths or
births, moves to a new province or country, etc.)
Assess the implications of the client dying
intestate (i.e., if they have not executed a
valid will).
Assess if the will has appropriately designated
primary and secondary guardians for the care
of the minor and/or disabled children.
Assess if the current beneficiary designations
and will distribute assets according to the
client’s wishes.
Assess if the current beneficiary designations
and will distribute assets in a manner to
minimize probate.
Assess if the current beneficiary designations
and will distribute assets in a tax-efficient
manner.
Assess if there are any unfunded responsibilities
or bequest upon death (i.e., support payments
to children, former spouses, other relatives).
10
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
ISSUES
OPPORTUNITIES
11
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Question 1b): Assess Naomi’s Choice of Executors and Attorneys (10\%)
Using the Model for Assessing Client’s Current Position and the learning in Unit 4 - Financial Planning,
assess Naomi’s choice of executors and attorneys and identify the main issues and opportunities, if any.
•
Issues are factors that may negatively impact Naomi’s ability to meet her goals.
•
Opportunities are ways that Naomi may more efficiently meet her goals (e.g., tax efficiencies she may
be able to take advantage of).
Use the template below to organize and enter your responses. Include as many points in your answer that you
consider relevant.
Assess Naomi’s Choice of Executors and Attorneys
Assess the appropriateness of executor and
attorney appointments to determine if they
are still the individuals who the client prefers
and their ability to act (i.e., based on interest,
age and health, expertise and location –
proximity to the client and their assets).
Assess the client’s confidence in the ability
of attorneys/executors to work together
effectively.
Assess if the client has confidence in
the trustworthiness, time, interest and
expertise of their attorneys/executors.
ISSUES
OPPORTUNITIES
12
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Question 1c): Assess Naomi’s Plans for the Transfer of Assets (10\%)
Using the Model for Assessing Client’s Current Position and the learning in Unit 4 - Financial Planning, assess
Naomi’s plans for the transfer of her assets and identify the main issues and opportunities, if any.
•
Issues are factors that may negatively impact Naomi’s ability to meet her goals.
•
Opportunities are ways that Naomi may more efficiently meet her goals (e.g., tax efficiencies she may
be able to take advantage of).
Use the template below to organize and enter your responses. Include as many points in your answer that you
consider relevant.
Assess Naomi’s Plans for the Transfer of Assets
Assess if there are family dynamics that
might impact the orderly distribution of
the client’s estate.
Assess the readiness of beneficiaries to
manage their inheritances (i.e., young
adults, minors, spendthrifts).
Determine the client’s wishes for the
distribution of assets and the underlying
premise for these wishes (i.e., specific
assets to stated beneficiaries, equal
distribution, tax-efficient distribution).
Assess whether named beneficiary
designations are used in situations
where appropriate to meet the client’s
wishes.
Assess if the manner in which the client
has taken legal ownership of assets is
consistent with their asset distribution
wishes.
Assess if there is an opportunity to
name a life interest and capital interest
for specific assets, such as upon a
second marriage where the client may
wish to provide a life interest for their
spouse and capital interest to their
children from the first marriage.
13
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Estimate tax and probate fees upon
death and determine if the estate will
have sufficient liquidity to meet tax
and probate fees upon death.
Assess the opportunity for the use of
insurance, such as to ensure flexibility
to provide distributions according to
the client’s wishes, liquidity, payment
of taxes, providing for specific bequests
and the privacy of bequests.
Assess if the client has plans for
charitable giving upon death and the fit
of this strategy with the client’s goals.
ISSUES
OPPORTUNITIES
14
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Question 1d): Assess Naomi’s Use of Trusts in her Estate Plan (10\%)
Using the Model for Assessing Client’s Current Position and the learning in U4 - Financial Planning, assess
Naomi’s use of trusts in her estate plan and identify the main issues and opportunities, if any.
•
Issues are factors that may negatively impact Naomi’s ability to meet her goals.
•
Opportunities are ways that Naomi may more efficiently meet her goals (e.g., tax efficiencies she may
be able to take advantage of).
Use the template below to organize and enter your responses. Include as many points in your answer that you
consider relevant.
Assess Naomi’s Use of Trusts in Her Estate Plan
Assess the opportunity for an inter vivos
or testamentary trust to provide for her
family prior to and subsequent to death.
Assess the opportunity for an absolute
discretionary trust (i.e., Henson trust)
for the benefit of a disabled beneficiary.
Assess the opportunity to set up a
qualified disability trust for a disabled
beneficiary.
ISSUES
OPPORTUNITIES
15
UNIT 4 - ANALYSIS:
ESTATE PLANNING
CFP® PEP
Part 2: Considering Ethical Issues
Question 2: “External Advice for Naomi” (Part a - 7.5\%, Part b - 7.5\%)
Imagine this scenario: Before conducting your thorough analysis of
Naomi’s current situation and future goals, you recognize that some
of the strategies you are considering for Naomi’s estate plan will require
additional expertise that 1) your firm does not provide, and 2) is also
beyond the limits of your expertise. However, to expedite your analysis,
ensuring you can get to the right strategies quickly, you decide to contact
the law firm with whom you have dealt with regularly for similar clients.
You were going to refer Naomi to this firm anyway given the firm’s
preferred status with your organization. With their support, you can firm up and lock in your
proposed strategies for Naomi.
a) Based on ...
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