
Volunteer Profile
Michael Stuart Klaray
Duncan Craig LLP
On-Demand Programs
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After Estate Litigation (On-Demand)
Explore topics in estate litigation such as settlement agreements, indemnities, costs, and PR compensation. 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 49 minutes. -
Claims and Proceedings in Estate Litigation (On-Demand)
Explore topics related to claims and proceedings in estate litigation through this in-depth panel discussion. 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 3 hours, 2 minutes. -
Initial Considerations in Estate Litigation (On-Demand)
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. -
Managing the Court Process in Estate Litigation (On-Demand)
Explore topics related to managing the court process in estate litigation through this in-depth panel discussion. 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 1 hour, 8 minutes. -
LESA's Refresher 2022: Wills and Estates (On-Demand)
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. -
Estate Planning For The Average Wealth Client (On-Demand)
Explore effective estate planning strategies for average wealth clients. Discuss using trusts and beneficiary designations, planning for dependent children and complex family situations, dealing with charitable gifts and unusual assets, and preparing personal directives and powers of attorney. Learn tips for navigating risk management issues in estate planning and managing client expectations. This on-demand program was originally presented as an in-person program in November 2017. -
Use of Trusts and Beneficiary Designations (On-Demand)
In this presentation, Michael Klaray discusses beneficiary designations such as life insurance, irrevocable beneficiary designations, RRSPs and RRIFs. Drafting tips, common mistakes, and tax benefits of common trusts are also considered. This on-demand program was originally presented as an in-person program in November 2017. -
Estate Administration Fundamentals (On-Demand)
Review key aspects of estate administration, from documents and timelines, to some of the common issues lawyers face in a typical (non-contested) estate. Learn strategies for informal administration of estates, develop an awareness of basic tax matters that affect estates, and more. This on-demand program was originally presented as an in-person program in November 2016. -
Handling Estates with Multiple PRs/PRs with Multiple Roles
In this presentation, Michael Klaray discusses drafting to avoid problems associated with having multiple executors. This on-demand program was originally presented as an in-person program in November 2016. -
Drafting Your First Will (On-Demand)
Gain the issue identification and basic drafting information and tools you need to effectively advise your clients. Topics discuss interview to execution, testamentary capacity, basic and complex will situations, and special considerations – including tax perspectives and areas of the new Wills and Succession Act surrounding intestacy and family maintenance and support (FMS) claims. This on-demand program was originally presented as an in-person program in November 2015. Total running time is 5 hours, 12 minutes. -
Drafting Your Standard Will - From Tip to Tail (On-Demand)
In this presentation, Michael Klaray provides an overview of techniques for drafting standard wills. This on-demand program was originally presented as an in-person program in November 2015.
Papers
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Modern Families: Family Maintenance and Support Claims and Inter Vivos Transfers
This paper examines the classes of individuals entitled to make FMS claims; relevant provisions of the Wills and Succession Act; the applicability (and non-applicability) of family property and child support legislation to the Statute of Elizabeth; and unjust enrichment. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025. -
Navigating the Rules and a Practical Approach to Estate Litigation
Canvassing legislation, case law, and common practice, this comprehensive paper examines rectification, validation, and interpretation of non-compliant wills; evidence in estate matters, including s 85(2) of the Surrogate Rules, de bene esse evidence, admissibility of hearsay evidence in estate matters, and section 11 of the Alberta Evidence Act; accounting; settlement offers; and costs. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025. -
I’ll Send you the Bill: The Role of Unjust Enrichment Claims Post–Family Property Act
This paper examines the law of unjust enrichment prior to the Family Property Act and contrasts it with how the law will likely evolve since the Act came into force. 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. -
Let’s Agree to Disagree: Differing Canadian Perspectives on the Presumption of Resulting Trust and Beneficiary Designations
This paper outlines the development of law in this area, starting with the seminal case of Pecore v Pecore, up to an including the recent Alberta Queen’s Bench decision in Roberts v Roberts. 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. -
Estate Litigation and Family Law Issues
Estate litigation and family law frequently intersect. This paper considers several family-related issues that commonly arise in estate matters, with reference to key legislation and case law. It discusses family home considerations and allowances following a testator’s death. It also considers the proper maintenance and support of certain individuals following a testator’s death. Additionally, the paper examines unjust enrichment claims in estate matters. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019. -
Use of Trusts and Beneficiary Designations for the Average Wealth Client
Estate practitioners have a variety of planning tools to assist them in creating estate plans that are well-suited to each client. This paper highlights a number of those tools available to estate practitioners, including beneficiary designations, spousal trusts, basic testamentary trusts, discretionary family trusts, alter ego and joint spousal trusts, and inter vivos discretionary family trusts.. This paper is part of a collection presented at LESA’s Estate Planning for the Average Wealth Client program in Edmonton on November 29, 2017 and in Calgary on December 6, 2017. -
Head Off Problems Before They Appear and Multiply
This paper provides tips for navigating estate administration issues. It includes drafting tips for eliminating or reducing problems associated with multiple executors. As well, post-mortem planning considerations are discussed, including joint retainers, legal costs, executor compensation, renunciation, nomination, and delegation, among others. This paper also explores issues and provides tips for dealing with executors who are also beneficiaries, creditors, trustees, or potential claimants. This paper is part of a collection presented at LESA’s Estate Administration Fundamentals program held in Edmonton on November 30, 2016 and in Calgary on December 7, 2016. -
An Update on Costs: Spinning the Wheel of Fortune in Family Feuds
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. -
Drafting Your Standard Will: From Tip to Tail
This paper provides an overview of the structure of a standard will, including which clauses should be included and why. The author offers recommendations for useful variations to present to clients which can ensure the appropriate clauses are included in an otherwise straight forward will. A precedent standard will is included.This paper is part of a collection presented at LESA’s Drafting Your First Will program in November, 2015.
Past Programs
View Past Programs-
LESA's Refresher 2025: Wills and Estates (Victoria)
April 10 - 12, 2025
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LESA's Refresher 2022: Wills and Estates (Banff)
April 30 - May 2, 2022