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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.
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62097.07B C-78, which proposes significant amendments to Canada’s Divorce Act, was first introduced in 2018. This paper highlights some of the key amendments to the Divorce Act contained in Bill C-78, including best interests of the child, family violence, relocation, and more. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.
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62097.06The introduction of Bill C-78 represents, potentially, the first serious amendments to the Divorce Act in decades. This paper provides a brief historical overview of the evolution of divorce laws in Canada and emerging trends. It then discusses how key proposals in Bill C-78 respond to current societal trends within the family law context. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.
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62092.07Understanding corporate obligations and oppressive conduct can often be helpful for family law lawyers dealing with matrimonial property disputes that include corporate interests. Within this context, this paper provides an overview of corporate control and minority shareholder rights, and discusses investigations and oppression actions under Parts 18 and 19 of the Alberta Business Corporations Act. It also highlights various remedies, including injunctive relief and Anton Piller orders. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.
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62092.06This paper highlights negotiation strategies for family law practitioners to employ when dealing with matrimonial property agreements. The paper provides practical tips related to managing client expectations, dealing with opposing counsel, employing effective advocacy techniques, and more. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.
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62092.05This paper discusses costs awards in matrimonial property actions in Alberta. It provides an overview of the law of costs, and discusses interim advances of property, advance costs, and the impact of bankruptcy on costs awards. It also highlights some recent developments regarding costs awards in matrimonial property actions. The paper includes a sample partial matrimonial property settlement agreement. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.
