Alberta courts have provided counsel with helpful guidance for solicitors and litigators practicing in wills and estates. This presentation explores some recent cases and includes comments on costs in estate litigation, pre-death financial disclosure of a testator, capacity to execute a transfer of land, the presumption of validity and the appropriate test for a trial, and the test for removal of an executor or trustee. This on-demand program was originally broadcasted as a live webinar on June 13, 2023. Total running time is 1 hour.

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: dealing with cryptocurrency; communication, delegation and majority rules with more than one personal representative; dealing with financial institutions when there is more than one personal representative; administrative clauses to include in the will for the actual work involved; marshalling and abatement rules. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 43 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.

The Alberta Wills and Estates Practice Manual is a comprehensive resource for any wills and estates practitioner. This two-part manual contains essential information and practical tips on estate planning and administration, including Surrogate forms and procedures. Whether you are drafting a will or probating one, this manual is a go-to resource.

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.

Alberta courts have provided counsel with helpful guidance for solicitors and litigators practicing in wills and estates. This paper explores some recent cases and includes comments on costs in estate litigation, pre-death financial disclosure of a testator, capacity to execute a transfer of land, the presumption of validity and the appropriate test for a trial, and the test for removal of an executor or trustee. This paper was presented at LESA’s Wills and Estates: Case Law Update webinar on June 13, 2023.