Areas of Law
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  • 62107.02
    This paper explores the legal assistant’s role in screening, coordinating appointments, collecting information, and preparing applications for non-contentious estate matters. It discusses frequently used NC Forms and related considerations, including notices to be served, service of documents, and submitting documents to court. This paper provides information and tips to assist with completing NC Forms, including a sample information collection form and sample NC Forms with additional precedent information and instructions noted in coloured text. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.  
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  • OC-62192-01
    Price range: $95.00 through $445.00
    This presentation looks at the intake process from the pre-meeting communication and logistics, to the initial assessments of capacity, to the discussion of detailed substantive information needed to move on to the drafting of estate planning documents. It provides worthwhile reminders and practical takeaways. This on-demand program was originally broadcasted as a webinar in December 2020.
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  • 62035.01
    This paper provides an overview of how contentious wills and estates matters are litigated in the courts. It includes a summary of the forms required by the court, and the service and notice requirements. It also discusses the interplay of the Alberta Rules of Court and the Surrogate Rules. The remainder of the paper is divided into two parts: pre-death litigation and post-death litigation. In the first part, the litigation processes relating to powers of attorney, personal directives, and applications under the Adult Guardianship and Trusteeship Act are discussed. In the second part, litigation involving joint ownership of assets, caveats, formal proof of a will, and applications under the Wills and Succession Act are considered. The paper includes a sample Application for Advice and Direction and to Remove a Personal Representative and a sample supporting Affidavit. 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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  • 61817.01
    This paper was drawn from materials presented at the Wills & Succession Act for Legal Support Staff seminar presented in November and December 2011. It provides a brief overview of the new Wills and Succession Act, including the changes made by this legislation. Note: While these materials are current as of the date of the original seminar they relate to legislation not yet proclaimed and, as such, are subject to change prior to the anticipated in force date. Other materials are in draft form and are also subject to change prior to coming into force. Users are urged to watch for notice of any changes. For an important update in the area of Wills & Estates, please visit our blog to view information regarding the Wills and Succession Act and Surrogate Rules Amendment Regulation. Length: 11 pages This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF. Click here to view some sample pages.
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  • 62235.02
    In the context of teachers’ pensions, this paper explores governing legislation, death benefits, relationship breakdown situations, and resources that are available to help lawyers and their clients. It also explores common administrative issues that lawyers may encounter when drafting family property orders and family property agreements. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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  • 61991.02
    Even when prepared by lawyers, sometimes personal directives have drafting issues. The first paper in this set, Personal Directives in a Clincal Setting, provides a practical perspective on some of the challenges that Alberta Health Services [AHS] has experienced with personal directives and the Personal Directives Act, RSA 2000, c P-6, based on experiences in AHS clinical settings. Following a background discussion of informed consent and the AHS policy on consent and personal directives, the paper outlines 8 practice tips for drafting personal directives to avoid common complications seen in the clinical setting. The second paper, Use of Personal Directives in the Context of Physician-Assisted Death, discusses the recent Supreme Court of Canada decision, Carter v Canada (Attorney General), 2015 SCC 5 [Carter], and provides an overview of post-Carter contextual information related to physician-assisted death and personal directives. In particular, additional case law, Quebec legislation, key Canadian governmental reports, and positions in other international jurisdictions are considered. The paper’s intent is to provide a starting point for lawyers asked by clients to prepare personal directives that may contemplate physician-assisted death. These papers are part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.
     
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  • OC-61991-02
    Price range: $95.00 through $445.00
    In this presentation, Jill Crockett and Andrea Malekos Rimmer discuss how personal directive issues in clinical settings can be avoided or mediated by drafting changes.  As well, issues related to physician assisted death are also discussed. This on-demand program was originally presented as an in-person program in April 2016.
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  • 61932.01
    This 2-paper set examines the debate raging around the issue of assisted suicide in Canada.  The first paper, by Professor Schafer, focusses on the arguments for and against decriminalizing physician-assisted suicide, with reference to Lee Carter v AG of Canada.  The author critiques the arguments on both sides of the debate and clarifies the ethical and legal issues.  He presents the empirical evidence from the jurisdictions following a regulatory route and its relevance to the “slippery slope” argument.  Bibliography attached. The second paper is by Kevin Diaz of Compassion & Choices, operating in Oregon. He discusses the Oregon experience since its Death with Dignity Act was enacted in 1997.  Included are statistics on deaths under the Act, by year, and details on the requirements imposed under it.  Case names referenced by the author are available on request but the cases themselves are not included with this paper for copyright reasons. These papers are part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
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  • 62457.06
    This 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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  • 62066.02
    This paper provides considerations and suggestions for estate planning when a client has a dependent adult child. It includes a discussion of family maintenance and support provisions and registered disability savings plans, and highlights various forms of trusts, including AISH compliant trusts and group trusts. The paper includes sample provisions related to AISH trusts, RRSPs, RDSPs, and guardianship of a dependent adult child. This paper is part of a collection presented at LESA’s Estate Planning for the Average Wealth Client program in Edmonton on November 29, 2017 and in Calgary on December 6, 2017.  
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  • OC-62066-01
    Price range: $95.00 through $445.00
    In this presentation, Shelley E. Waite presents the process of estate planning for dependent children from the interview process, Family Maintenance and Support Provisions, planning structures such as trusts, and other considerations such as government benefits, exempt assets, and court appointments. This on-demand program was originally presented as an in-person program in November 2017.
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  • 62016.01
    This paper addresses some specific topics in estate planning and provides key considerations and practice tips for future planning. Topics discussed include: planning for minors and stepchildren; second spouses; disabled spouses; designated beneficiary assets; and digital assets. 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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