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62504.01As Canadians increasingly create and store content and assets online, the concerns for Personal Representatives, Agents, Trustees and Attorneys in managing and administering those assets should be carefully considered. With the objective of informing advisors to these Trustees, this paper explores the landscape of access to digital assets, the gaps therein, and provides some recommendations on how to best serve your clients. These materials were presented at LESA’s Digital Afterlife: Navigating Online Assets in Estate Planning webinar on May 22, 2025
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62497.01Within the context of estate litigation, this paper addresses types of costs, exceptions to the general rule, circumstances justifying costs awarded to the losing party, the interplay of the Surrogate Rules and the Alberta Rules of Court, and the Surrogate Rules dealing with Costs. These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.
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OC-62504Explore the landscape of access to digital assets, the gaps therein, and review some recommendations on how to best serve your clients. This on-demand program was originally broadcasted as a live webinar on May 22, 2025. Total running time is 48 minutes.
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OC-62500This on-demand program equips legal support staff with the essential knowledge and practical skills to streamline estate administration and avoid common pitfalls. This on-demand program was originally broadcasted as a live webinar on May 14, 2025. Total running time is 1 hour, 2 minutes.
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OC-62497-1Explore the types of costs, exceptions to the general rule, circumstances justifying costs awarded to the losing party, the interplay of the Surrogate Rules and the Alberta Rules of Court, and the Surrogate Rules dealing with Costs. This on-demand program was originally presented as an in-person program titled Costs on May 6, 2025. Total running time is 39 minutes.
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62457.11This 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.
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62457.10Estate litigation in Alberta involves navigating complex legal issues. This paper explores the role of the personal representative in managing estate disputes, provides insight into assessing the impact and advisability of litigation, and considers various factors that personal representatives and lawyers acting for interested parties should keep in mind when contemplating or continuing litigation. It also examines the use of estate caveats as a strategic tool in litigation and potential costs consequences of doing so. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.09Though the importance of dower rights has perhaps declined, as most married couples own their matrimonial home in joint tenancy, these rights continue to wield power and can have a variety of unintended and long-lasting consequences when the landowning spouse dies. This paper addresses the purpose of dower, the bundle of dower rights, ownership of land and dower, homesteads, consents and releases, life estates and their values, dispensing with consent, and practical problems. It also provides tips for a drafting solicitor. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.08This paper provides tips to support lawyers as they navigate less common situations throughout the application process, including “to be determined inventory” values, the irregularities section, recalling the application, service of notice to interested persons, other documents after the grant is issued, and withdrawal of counsel. It also provides examples of unusual circumstances and provides potential ways to address them. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.07Solicitors are obliged to address capacity issues when helping a client make a will. The test for capacity articulated in Banks v Goodfellow works for most situations. But what happens in unusual cases? Can lawyers (or judges) rely on the Banks test? This paper provides a framework to deal with capacity issues in non-standard transactions, both in lawyers’ offices during estate planning and in court during litigation. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.06This paper addresses less common or irregular assets that may exist in estate planning or an estate administration practice. Topics addressed include pets, firearms, shares in closely held corporations, life estates in the marital home, and valueless mines and minerals interests. The paper also includes precedent will clauses that could be used to address issues related to these assets. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.05Canvassing 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.
