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62112.04This paper discusses some of the top tips for legal support staff when dealing with matrimonial property matters on family law files. Tips relate to reading financial disclosure, dealing with adjournments, working with undertakings, and more. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62112.03This paper highlights some commonly encountered matrimonial questions or problems and discusses tips or tricks that lawyers can employ to address them. It also includes a number of precedents, such as a certificate of lis pendens, writ of enforcement, garnishee summons, and more. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62112.02This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62112.01This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62113.06Estate 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.
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62113.05This paper discusses common issues that arise from a failure to update estate planning documents following separation or divorce. In particular, the implications for wills and powers of attorney following a relationship breakdown are discussed. 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.
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62113.04This paper reviews recent case law to consider whether support obligations in separation agreements can be secured by a payor’s life insurance upon death. It provides practice pointers and discusses how to best secure child and spousal support payments for clients. The paper also includes sample clauses that address support obligations in separation agreements and other common issues in estate litigation. 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.
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62113.03This paper considers child and spousal support obligations in estate planning. It first provides an overview of child support and spousal support basics, including the applicable legislation and other considerations. Next, it discusses what happens when a payor or a recipient dies, and highlights recent Alberta cases that deal with support obligations in estate matters. Finally, the paper identifies specific questions to ask clients regarding support obligations to properly address child and spousal support in estate planning. 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.
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62113.02This paper considers how family law matters can affect the taxation of an estate and discusses common tax considerations when planning for death or incapacity. It provides an overview of federal and provincial taxes, and offers will-drafting tips to mitigate taxation on death. Tips and traps are highlighted for various aspects of estate planning, including bequests to spouses, adult interdependent partners, and children, roll-overs, and RRSP and RRIF beneficiary designations in wills. A sample client interview checklist and sample will clauses are included. 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.
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62113.01This paper considers the confluence of family law and wills and estates law. It provides strategies for estate practitioners to employ to better advise clients with family law considerations in estate planning. It reviews relationships that give rise to legal obligations in estate planning, and discusses the implications of those relationships in the estate context. It also highlights case law that deals with adult interdependent relationships, dower rights, matrimonial property orders, and revocation of wills. 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.
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62110.02This paper provides general information related to parenting disputes. It is written for clients, but contains information also relevant to lawyers representing clients in parenting disputes. It provides tips for how to speak to and create a stable environment for children. It also offers suggestions for dealing with the other parent. As well, it highlights evidentiary considerations if the dispute proceeds to court. This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.
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62110.01This paper provides general information for Alberta spouses who have separated or are considering separation. It is written for clients, but contains information also relevant to lawyers representing clients in a separation. Information is provided on parenting seminars, legal representation, and alternative dispute resolution. The paper also discusses the first steps for spouses to take upon separating, and provides tips for splitting property. This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.
