Wills and Estates
Showing 37–48 of 220 results
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Capacity and Influence (Program Materials)
This program reviewed how to assess capacity, recognize signs of influence or control, and determine what steps to take in the face of “red flags”.
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Capacity and the Duties of a Lawyer
$45.00The principles surrounding capacity to create a personal directive or enduring power of attorney are less developed or documented than those related to creating a valid will. This paper specifically addresses issues surrounding ensuring capacity for those making PDs and EPAs. The author examines what to do if capacity is at issue and good practice with respect to taking notes and gathering evidence to determine capacity. He offers valuable insight and tips into assessing capacity.
This paper was presented at the Drafting Personal Directives and Enduring Powers of Attorney Seminar in December 2013.
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.
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Capacity and Undue Influence: Diminished Will or True Intentions?
$55.00This paper discusses estate litigation involving allegations of undue influence or lack of testamentary capacity. It focuses on the procedural and evidentiary aspects of this type of litigation, such as how and when to advance a claim and common sources of evidence. It includes summaries of some recent Alberta court decisions as case studies.
This paper is part of a collection presented at LESA’s Contentious Matters in Wills and Estates program in Edmonton on November 7, 2018 and in Calgary on November 15, 2018.
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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Case Law Review and Comments Re: Claims by Adult Interdependent Partners or Common-Law Spouses Against Estates
$55.00Citing Tataryn v Tataryn Estate, which established a new framework for assessing maintenance and support claims against an estate, this paper takes examines the interaction of estate law and family law, including matrimonial property claims, spousal support, and also support under the Family Law Act. The author reviews recent Alberta claims against estates by adult interdependent partners or common-law spouses, with a view to what is unique in an estate context.
This paper was presented at the Constructive Trust Claims seminar in January, 2014.
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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Caught Red-handed: Litigation Against Attorneys in Trouble
$65.00There are numerous duties that an attorney owes to the donor in enduring powers of attorney [EPAs] and serious consequences can arise if an attorney fails to perform those duties. This paper identifies abuses of an attorney’s duties to the donor, what the outcomes for dealing with those abuses are, and the potential process for remedying abuses. To explore these issues, different examples are considered in the context of case law and legislation in Alberta. As well, a sample demand letter, sample statement of claim, and sample originating application are included as appendices to illustrate issues discussed in the paper.
This paper is part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives seminar in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.
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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Challenging Inter Vivos Wealth Transfers
$65.00Inter vivos asset transfers occur for a variety of reasons, ranging from legitimate wealth transfers to achieve an estate planning objective to transactions motivated by less noble objectives. This 36-page paper outlines some of the challenges available to spouses and other parties that take issue with these voluntary asset transfers. Specific topics include: the requirements of an intervivos gift, issues surrounding the requisite intent, common law presumptions, undue influence and available challenges to a transfer.This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in April, 2015.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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Challenging Power of Attorney Documents and Acting for Partially Capacitated Donors
$65.00This paper reviews the test for capacity for enduring powers of attorney, and discusses issues of intention, coercion and duress, and undue influence. It also considers challenges for lawyers representing a partially capacitated donor, including issues related to retainers, instructions, ethical considerations, and payment of legal fees.
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.
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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Changes to Matrimonial Property Law Under the Wills and Succession Act – For Legal Support Staff
$35.00This paper was drawn from materials presented at the Wills & Succession Act for Legal Support Staff seminar presented in November and December 2011. It provides examples of matrimonial property claims that are likely to be made under the new Wills and Succession Act. These materials are geared to legal support staff.
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: 16 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.
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Changes to the Wills and Succession Act: New Applications Under Sections 36-40 and 109
$35.00This paper was drawn from materials presented at the Wills & Succession Act for Legal Support Staff seminar presented in November and December 2011. It outlines the changes necessary for the preparation of Probate and Administration packages in light of the new Wills and Succession Act. These materials are geared to legal support staff.
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: 22 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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Charitable Donations at Death
$45.00Bill C-43, which received royal assent on December 17, 2014, contains significant changes to the treatment of charitable donations made on death. Many of those changes will result in increased flexibility in allocating donation credits among various taxpayers and taxation years; but some changes are controversial, with wide-ranging impacts on post-mortem estate planning. This paper outlines the most relevant changes, examining their benefits and traps.This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in April, 2015.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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Charitable Gifts and Unusual Assets
$45.00This paper discusses charitable gifts in estate plans. It highlights a number of considerations for practitioners to address when planning for charitable gifts, including identifying the recipient, the type of property, who is making the gift, and when the gift will be made. The paper also provides suggestions for dealing with usual assets in estate planning, such as digital assets, genetic material, and pets.
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.
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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Child and Spousal Support Obligations in the Estate Planning Context
$55.00This 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.
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.
Showing 37–48 of 220 results