Whether drafting your first trust or your hundredth, foundational drafting principles apply. This program explores a variety of contexts where trusts are used. These on-demand programs were originally presented as an in-person program titled Drafting Trusts on February 11, 2026. Total running time of each presentation is between is 57 minutes to 1 hour, 19 minutes.

Explore asset protection, nature of claims, creditors and trusts, and sham trusts. This on-demand program was originally presented as an in-person program titled Drafting Trusts on February 11, 2026. Total running time is 1 hour, 5 minutes.

Trusts may be valuable or necessary in other situations and circumstances. This panel discussion surveys these scenarios and addresses issues that can arise in each. This on-demand program was originally presented as an in-person program titled Drafting Trusts on February 11, 2026. Total running time is 1 hour, 19 minutes.

Developing protocols and systems leads to effective file management in a Wills and Estates practice. Part one of this two-part series explores key processes for client intake in a Wills practice, with a special emphasis on conflict searches and Law Society requirements, engagement letters, and gathering information. This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series.

Building off Practice Foundations: Wills Client Intake Part 1, the second part in this series continues the examination of key processes for client intake, with a special emphasis on:

• Understanding common problems in the client intake process
• The client intake process from an estate litigation perspective

This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series. Total running time is 1 hour, 24 minutes.

It is important to understand potential clauses that may be included in a Will in order to properly advise clients when drafting or interpreting a Will. This presentation explores key provisions of a Will, including personal representative and trustee; transfer of personal property; loans to children; gifts to beneficiaries, and mutual will. This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series.

Understanding the legal test for capacity is important when drafting a Will for a client, when attacking a Will based on the testator’s incapacity, or when defending a Will that is being attacked based on the testator’s incapacity. This presentation explores the requirements to establish testamentary capacity and analyzes key case law where capacity was at issue. This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series.  

When starting out in a Wills and Estates practice, it is useful to understand things that experienced Wills and Estates practitioners wish they knew early on in their career. This presentation explores the top things experienced Wills and Estates practitioners wish they knew, and it analyzes the top ten tips for an effective Wills and Estates practice. This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series.

The first years of practice can be both rewarding and challenging. Lawyers with a wills and estates practice need to understand the law and its application across a variety of individual and family circumstances. Recognizing potential pitfalls, developing strategies, and ensuring that best practices are understood and implemented are keys to a successful law practice. Building on the faculty’s extensive experience and varied perspectives as both solicitors and litigators, this program will address topics that form the foundations of practice, including:

• Ascertaining a client’s capacity to give instructions
• Conducting appropriate and thorough client intake and follow up meetings
• Common problem clauses
• Family dynamics

Program materials will include precedents and checklists.

It is important to understand a client’s family situations to effectively advise the client when drafting a Will. This presentation analyzes unique family situations, such as second marriages, and explores planning options for these situations. This on-demand program was originally presented as an in-person program on March 9, 2023 as part of our Practice Foundations: Wills program as part of our Practice Foundations series.  

Estate Planning and asset management are often the main drivers in the use of trusts. Their creditor protection properties may be considered a bonus, if not altogether overlooked. This paper explores matrimonial creditors, and third-party and arm’s length creditors. Topics include spouses as creditors; trusts and division of family property; trusts and family maintenance and support; fixed vs. discretionary trusts; fraudulent conveyance legislation; and sham trusts. These materials are part of a collection presented at LESA’s Drafting Trusts program in Edmonton on February 11, 2026.

This paper addresses various trust-related topics. First, it discusses drafting considerations pertaining to Alter Ego and Joint Partner or Joint Spousal Trusts. Second, it considers claims against trusts in the context of matrimonial property law and dependent’s relief, and reviews current case law. Finally, it reviews the use of discretionary trusts for disabled children, including Qualified Disability Trusts, and discusses the laws in Alberta regarding assured income for the severely handicapped. This paper also provides a number of precedents, including: two sample Alter Ego Trusts; a sample Joint Spousal Trust; and a sample Testamentary Discretionary Trust (Henson Trust). This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.  

In the field of wills and estates, the scope of the practice of litigators and solicitors can overlap. This paper points out and discusses the difficulty for estate solicitors in deciding where, along the road, a matter may have morphed from administrative to litigious, and what to do about it. What is the solicitor’s role in that situation? In what circumstances should one remain involved? At what point should or must one refer the matter out? This paper was presented at LESA's Estate Litigation program in February 2014.