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Author: Todd A. Shipley & Maya C. Gordon Examining the provisions of the Wills and Succession Act, this paper explores issues that lawyers should be aware of when advising clients when FMS issues are present. It also considers factors when advancing an FMS application and defending a will from an FMS claim. Lastly, it reviews recent Alberta cases dealing with costs in FMS matters. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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As a background to a discussion of sound and proper legal practices in taking will instructions as they relate to family maintenance and support (FMS) issues, it is useful to consider the duty of care and the standard of care of a reasonable solicitor in so doing. This paper discusses certain aspects of a solicitor’s duty and standard of care in taking will instructions where potential FMS claims may exist. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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There is a very fine line between testamentary freedom and an individual’s legal and moral obligations and responsibility to support those they leave behind, after death. Understanding the risks of post-death support claims is an important consideration for any lawyer in advising clients on their testamentary matters and structuring their related documents and agreements. This paper reviews how a spouse or Adult Interdependent Partner is defined for family maintenance and support claims purposes under the Wills and Succession Act. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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The purpose of this paper is to review Family Maintenance and Support (“FMS”) claims for those wills and estates practitioners who are in the early years of practice or for those looking for a refresher on the basics in this area of the law. The paper will provide an overview of the legislation and touch on various procedural issues involved in bringing or defending an FMS claim. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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In the context of social media, there is significant value in tracking and analyzing social media analytics. This paper details the social media audit process, key metrics, and how to use those insights to improve legal professionals’ social media performance. This paper was presented at LESA’s Social Media Marketing for Legal Professionals webinar on December 6, 2021.
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Much of the day-to-day work of moving a litigation file forward is done by legal assistants. This paper focuses on what practice management in the litigation context means, and addresses topics including active file management, organization, proactiveness and forward thinking, and the importance of clear communication. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on December 3, 2021.
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Much of the day-to-day work of moving a litigation file forward is done by legal assistants. This paper focuses on what practice management in the litigation context means, and addresses topics including active file management, organization, proactiveness and forward thinking, and the importance of clear communication. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on December 3, 2021.