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61997.03Given the increasing cross-pollination between family law and wills and estates, having a good understanding of family law principles is helpful for many wills and estates practitioners. This paper focuses on the role of domestic contracts, particularly cohabitation agreements, pre-nuptial agreements, and post-nuptial agreements, as part of an overall estate plan. The basic nature of domestic contracts and their applicable law is reviewed, and common issues that arise in challenges to such agreements, including undue influence and disclosure, are highlighted. For clients in blended families, the relationship between domestic contracts and wills and enduring powers of attorney is also discussed, as well as family maintenance and support claims.This paper is part of a collection presented at LESA’s Estate Planning for Blended Families program in Edmonton on May 10, 2016 and in Calgary on May 17, 2016.
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OC-62330-02Price range: $95.00 through $445.00This presentation explores strategies for drafting power of attorney and personal directive documents for blended families. This on-demand program was originally presented as an in-person program on April 26, 2023 as part of our Estate Planning for Blended Families program.Select options This product has multiple variants. The options may be chosen on the product page
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61932.02AThis paper explores the practical servicing and handling of these clients, who come with, perhaps, more “baggage” and so can require a broader, more holistic approach. It reviews issues like conflicts, taking instructions, drafting considerations, and potential complications in estate administration. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
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62042.17This paper examines the pros and cons of using precedent clauses in wills. By analyzing the issues surrounding the use of “off the rack” wills in the context of various clauses such as revocation, personal representative appointment, assignment of guardianship to a child, RRSPs, personal effects, and other subject matter, this paper provides a detailed and strategic approach to tailoring an adequate and effective will for a client. It includes sample clauses throughout the paper. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62457.01This paper takes a comprehensive look at treatment of the issues across Canada and some of the common circumstances which lead to disputes. 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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OC-62198-4Price range: $95.00 through $445.00Understand what a firm needs to do to prevent possible disruptions to business, how to recover in the event of a disruption, and the role technology plays in this. This on-demand program was originally broadcasted as a webinar as part of our Business Fundamentals for Lawyers series on December 9, 2020. Total running time is 1 hour, 21 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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30_44_05This paper provides an overview of some of the tax issues that may arise in the course of the administration or probate of an estate when Canadian residents own U.S. property. Issues discussed include the U.S. transfer tax and the disposition of U.S. situs property on death. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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OC-62183-8Review fundamental concepts of decision-making capacity, including definitions, guiding principles, common capacity issues, and practical tips for lawyers. This on-demand program was originally broadcasted as a webinar on May 21, 2020. Total running time is 1 hour. Though we do our best to ensure quality, technology is not always 100% reliable. This recording contains approximately one minute of disrupted audio.Select options This product has multiple variants. The options may be chosen on the product page
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61902.01The 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 LESA's Drafting Personal Directives and Enduring Powers of Attorney program held in December, 2013.
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62103.05This 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 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.
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OC-62030-03Price range: $95.00 through $445.00In this presentation, Dr. Arlin Pachet discusses issues, best practices, and risks in capacity assessments. This on-demand program was originally presented as an in-person program in March 2017.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62248-5Looking at cases from across Canada, with an emphasis on Alberta case law and legislation, this presentation provides an overview of decisional capacity. This on-demand program was originally presented as an in-person session on May 1, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 46 minutes.Select options This product has multiple variants. The options may be chosen on the product page