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  • 62016.03
    Charitable gifts have tax consequences and benefits that are key to any financial and estate plan. This paper discusses charitable giving strategies and tips for best practices for estate planning practitioners. It provides a background on charitable tax incentive basics, including calculating the charitable donation tax credit, applying charitable donation tax rules to estates, cautionary notes, and example calculations. As well, this paper discusses practical issues and practice pointers for estate planning where a charity is a beneficiary. Finally, strategies and tips for increasing charitable gifts and client satisfaction are provided, along with a checklist for discussing charitable gifts with clients. This paper is part of a collection presented at LESA’s Estate Planning Essentials program in Calgary on October 20, 2016 and in Edmonton on October 27, 2016.
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  • 61895.06
    This paper highlights some of the more fundamental concepts of mediation, noting some useful and progressive articles on the subject. This paper was presented at LESA's Estate Litigation program in February 2014.
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  • OC-62409-4
    Price range: $95.00 through $445.00
    In this panel discussion, the use of alternative dispute resolution processes in estate matters will be discussed. Topics include the mechanics of mediation, arbitration, and med-arb as estate dispute resolution tools. This presentation concludes with a general question and answer period. This on-demand program was originally presented as an in-person program titled The Next Level: Elevating Your Practice in Estate Litigation on April 25, 2024.  Total running time is 1 hour and 38 minutes.
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  • 62457.11
    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.
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  • 61933.05
    What issues must a drafter consider in a trust for multiple beneficiaries that he or she would not otherwise address?  A trust with multiple beneficiaries requires a drafter to pay particular attention to the rights of each beneficiary vis a vis their relationship to the trustee and to each other, and their enjoyment of the trust property.  This author explores issues surrounding identifying beneficiaries, trustees' duty of impartiality, dealing with missing beneficiaries and beneficiaries' rights to prematurely terminate a trust.  A case study is attached. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.
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  • OC-61933-05
    Price range: $95.00 through $445.00
    In this presentation, Elizabeth Shepherd discusses impartiality, missing or unascertained beneficiaries, and termination of trusts. A bonus video is also included.
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  • 62030.01
    This paper focuses on the doctrine of undue influence. The historical context of undue influence is reviewed, including the courts’ view of the doctrine. As well, the nature and origin of undue influence in both testamentary and inter vivos gift situations are discussed, including the burden and standard of proof, indicators, and evidence of undue influence, as well as suspicious circumstances. The latter part of the paper surveys recent case law in Alberta and across Canada related to undue influence. An undue influence checklist is included as an appendix. This paper is part of a collection presented at LESA’s Capacity and Influence program held in Edmonton on March 1, 2017 and in Calgary on March 8, 2017.  
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  • 62457.05
    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.
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  • 61932.04
    Prepared by an accountant, this paper provides a basic review of trusts and their taxation under the Income Tax Act.  It then goes on to discuss the latest trust-related changes to the Act – changes that all trust and estate advisors must be aware of. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
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  • Price range: $95.00 through $445.00
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  • 62108.03
    This paper reviews the scope and application of certain provisions in the Wills and Succession Act that are changing probate practice and litigation: ss 37–38 allow the court to validate a non-compliant will or alteration; s 39 gives the court power to rectify a will. The paper reviews the legislative history of these provisions, and discusses how similar provisions have been applied in other Canadian and common-law jurisdictions. This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.
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  • OC-62108-03
    Price range: $95.00 through $445.00
    This presentation reviews relevant legislation and leading cases, and identify key factors as they relate to non-compliant wills. This on-demand program was originally presented as an in-person program in January 2019.
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