In this presentation, Helen Ward discusses attacking wealth transfers on the basis of a lack of capacity. This on-demand program was originally presented as an in-person program in March 2017.

Learn the law governing attacks based on suggestions of capacity and undue influence. Devise techniques for assessing and addressing scenarios such as transfer of a house when the house comprises the largest asset, last-minute wills favouring one child over other siblings, and more. This on-demand program was originally presented as an in-person program in March 2017.

Explore in-depth issues relating to wills, estate planning, estate administration, and estate litigation. This on-demand program was originally presented as an in-person program from April 30 to May 2, 2022. Each presentation in this program is available for individual purchase.

Explore initial considerations in estate litigation through this panel discussion with esteemed subject matter experts in wills and estates. This on-demand program was originally presented as an in-person session on April 30, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 58 minutes.

Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: personally owned versus corporately owned assets; drafting for gender neutrality, non-marital, adopted, step and ART created children; drafting a codicil versus new will embodying changes; whether you should request a copy of a client’s old will when drafting a new one; will-makers with a US connection. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 53 minutes.

Certain issues regularly come up when dealing with wills and powers of attorney. These on-programs explore 25 of those issues with advice or comments on each and references to resources for further consideration. The format of these programs is breadth not depth and is designed for all levels of experience. These on-demand programs were originally presented as an in-person program on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. The total running time for each presentation ranges between 43 minutes and 1 hour, 5 minutes.

Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: a client, who is not yet incapacitated, needs or wants assistance/oversight in banking; a child calls and asserts that their parent wants a new POA; a client is unhappy with the person they have named as attorney; multiple concurrent powers of attorney; digital asset clauses in EPAs. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues.  Total running time is 1 hour, 5 minutes.

Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: best practices for basic interviews when taking instructions for a will; whether you can/should draft an interim will; disinheriting children; will-makers suffering dementia/diminished capacity; requirements to double-check beneficiary designations. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 1 hour, 5 minutes.

Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: ‘no contest’ clauses in wills; dealing with insolvent estates; whether you can act for an attorney who turns into a beneficiary upon the donor’s death; dealing with memos left by a testator on a probate application; increasing fees for wills while maintaining happy clients. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 1 hour, 3 minutes.

Citing Tataryn v Tataryn Estate, which established a new framework for assessing maintenance and support claims against an estate, this paper takes examines the interaction of estate law and family law, including matrimonial property claims, spousal support, and also support under the Family Law Act. The author reviews recent Alberta claims against estates by adult interdependent partners or common-law spouses, with a view to what is unique in an estate context. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  

These authors offer a discussion on the costs decisions involved in recent estate litigation in Alberta, noting some interesting judicial commentary and trends.  A main theme is that, to avoid client costs liability, practitioners must pause at every turn to consider whether a client’s position continues to be reasonable. Attached are valuable scenarios relating to various applications under the Surrogate Rules and the Wills and Succession Act. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.

This paper focuses on challenging wealth transfers due to a lack of capacity, addressed through the lens of a litigator in Alberta. The paper reviews certain key elements of attacks on testamentary gifts or inter vivos gifts from a capacity perspective, with references to key Alberta case law. In addition, select sections of the Wills and Succession Act are discussed in the context of potential capacity issues that may arise from that legislation. This paper is part of a collection presented at LESA’s Capacity and Influence program held in Edmonton on March 1, 2017 and in Calgary on March 8, 2017.  

Whether your client is transferring wealth via a testamentary gift or an inter vivos gift, ensuring that both capacity and voluntariness are present are essential elements necessary to ensuring enforcement of a will.  This paper provides a review of case law that deals with the impact of undue influence on wills. Topics discussed include the specific indicia of testamentary undue influence, which party bears the burden of proof, and suggested best practices for an estate planning lawyer. This paper is part of a collection presented at LESA’s 50^th Annual Refresher in Lake Louise from May 7–9^th, 2017.  

This paper comprises three parts: (1) summaries of Alberta costs decisions from November 2018 to March 2022; (2) a summary of Schwartz Estate v Kwinter; and (3) a summary of costs decisions after Re Foote Estate from 2010 to 2018. This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.