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  • 62028.06

    8 Clauses That You Should Consider Before [Your Client] Dies

    $35.00
    This paper reviews 8 clauses that aren’t commonly found in Alberta wills, but that should be considered during estate planning discussions and drafting. The estate planning provisions discussed include: digital assets; evidence of inability to act; definition of grandchild; personal property; advances; joint assets; statement of intention; and real property interests. This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.  
    Minus Quantity- Plus Quantity+
  • OC-62111-05

    A Person-Centred Approach to Assessment of Decision-Making Capacity (On-Demand)

    $95.00 – $445.00
    This presentation provides a clinical process to assessing decision-making capacity as well as a discussion of the capacity continuum. The materials include a capacity assessment worksheet and a worksheet to use when conducting a capacity assessment. This on-demand program was originally presented as an in-person program in February 2019.
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  • 61911.01

    A Practical Guide to Commencing a Joint Family Venture Claim; A View from the Trenches

    $65.00
    This paper provides a practical guide to bringing claims for unjust enrichment and constructive trust as a result of common-law relationships. Topics covered include: status to bring a claim, practical advice on bringing the claim and other procedural issues involving things like notices to admit facts, affidavits of records and questioning. A helpful Plaintiff’s Check List and Trial Preparation Check List are attached. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.    
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  • 62035.04

    A Review of Some of the Evidentiary Issues in Estate Litigation

    $65.00
    This paper discusses some of the evidentiary rules and presumptions that apply to estate litigation. It also discusses sources of evidence that may be adduced to support a litigant’s arguments. In particular, it provides an overview of the law of evidence under the Alberta Evidence Act and Alberta jurisprudence. As well, evidentiary issues regarding testamentary capacity, undue influence, and interpretation and rectification of wills are also discussed. In addition, important evidentiary presumptions are highlighted, such as the presumption of advancement and the presumption of resulting trust. This paper is part of a collection presented at LESA’s Estate Litigation Fundamentals program held in Edmonton on April 5, 2017 and in Calgary on April 12, 2017.
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  • OC-62248-12

    A Summary of Spousal Support Principles in Divorce Law (On-Demand)

    $95.00 – $445.00
    Consider the interplay between spousal support and a claim for maintenance and support under the Wills and Successions Act. This on-demand program was originally presented as an in-person session on May 2, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 1 hour, 16 minutes.
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  • 62147.02

    A Time to Get Together: A Lawyer’s Role in Mediation

    $65.00
    This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
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  • 62395.01

    A Year in Review: Judicial Treatment of the New Trustee Act

    $35.00
    On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This paper discusses the amendments to the Trustee Act, recent amendments to the Estate Administration Act and the Adult Guardianship and Trusteeship Regulation, and judicial involvement. This paper was presented at LESA’s A Year in Review: Judicial Treatment of the New Trustee Act webinar on March 12, 2024.
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  • OC-62395

    A Year in Review: Judicial Treatment of the New Trustee Act (On-Demand)

    $95.00 – $445.00
    On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This presentation discusses the amendments to the Trustee Act, recent amendments to the Estate Administration Act and the Adult Guardianship and Trusteeship Regulation, and judicial involvement. This on-demand program was originally broadcasted as a live webinar on March 12, 2024. Total running time is 43 minutes.
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  • OC-62023-05

    Accounting – The Personal Representatives’s Duty (On-Demand)

    $95.00 – $445.00
    In this presentation, Jason Sweeney discusses the personal representative's duty to account, forms of accounts, types of accounting, and what must be proven. This on-demand program was originally presented as an in-person program in November 2016.
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  • OC-62035-02

    Accounting Applications (On-Demand)

    $95.00 – $445.00
    In this presentation, Malkit Atwal outlines common accounting applications in estate litigation such as attorney's obligations, when accounting is required, remedies, procedural issues, forms of accounting, personal representative compensation, and common disputes.
    This on-demand program was originally presented as an in-person program in April 2017.
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  • 62023.06

    Accounting: The Personal Representative’s Duty and What Must Be Provided

    $65.00
    The personal representative’s duty to account to those interested in an estate is central to that role, yet it is often poorly understood. This paper examines that duty to account so that lawyers can better prepare personal representatives for their role. It discusses forms of accounts, and provides examples of disbursements and receipts of capital and income. It also reviews types of accounting, including informal accounting, formal accounting, and applications to dispense with formal accounting. Additional accounting considerations for personal representatives are also discussed. The paper includes, as appendices, a sample clause for a retainer letter, a sample inventory of property and debts (Schedule 5), and a sample estate accounting financial statement. 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.  
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  • 62248.18

    Acting for Partially Capacitated Litigants

    $65.00
    Estate litigation often involves clients with diminished capacity. This paper addresses the question, “How does the lawyer properly deport him or herself when approached by the aging client who wants to retain the lawyer to represent them?” 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.
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