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  • 62272.02

    Client Intake Form, List of Information Needed, and Sample Spreadsheet

    $35.00
    These materials include a sample client intake form and list of information needed for matters involving represented adults. This paper is part of a collection presented at LESA’s AGTA for Legal Support Staff program in Edmonton on May 27, 2022.
    Minus Quantity- Plus Quantity+
  • 62147.01

    Co-Operation or Co-Op(t)eration: Mandatory ADR Case Law/Procedure Review and General Discussion

    $35.00
    This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
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  • 61895.04

    Common Court Applications – Tips from the Office of the Public Trustee

    $65.00
    This paper looks at some of the more common applications in estate litigation, including those for a review of a trusteeship order, for an accounting from a trustee or an attorney, naming or appointing a trustee, terminating an enduring power of attorney or securing a judgment against a trustee. The author also offers some tips to avoid litigation with the Office of the Public Trustee. Precedents attached. This paper was presented at LESA's Estate Litigation program in February 2014.
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  • OC-62035-04

    Common Evidentiary Challenges in Estate Litigation (On-Demand)

    Price range: $95.00 through $445.00
    In this presentation, Bruce Comba describes common evidentiary issues in estate litigation, such as the onus of proof, issues regarding testamentary capacity or undue influence, issues regarding interpretation and rectification of wills, and important presumptions.
    This on-demand program was originally presented as an in-person program in April 2017.
    Select options This product has multiple variants. The options may be chosen on the product page
  • 61991.03

    Common Problems for Donors and Attorneys

    $65.00
    Estate planning often includes preparing enduring powers of attorney [EPAs], but without careful planning and consideration, problems can result. This paper reviews common problems encountered in EPAs, both in the context of case law and the author’s personal experiences. In particular, the role of the attorney is considered, including issues surrounding the duty to account, capacity, removing an attorney, among others. As well, calculating compensation for attorneys is discussed. A basic precedent EPA is included as an appendix, along with suggested paragraphs with respect to an attorney’s duties to account. This paper is 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-61991-03

    Common Problems for Donors and Attorneys (On-Demand)

    Price range: $95.00 through $445.00
    In this presentation, Lois MacLean discusses common issues for donors and attorneys, with references to statuses and case law. This on-demand program was originally presented as an in-person program in April 2016.
    Select options This product has multiple variants. The options may be chosen on the product page
  • 62063.01

    Common Sense Should Be Common with Respect to Grants — Even the Unusual Ones

    $65.00
    This paper provides an overview of grants of probate and grants of administration. The first part of the paper discusses grants that are limited to part of the deceased’s property, including grants of administration of unadministered property, grants of re-sealed probate/administration with respect to Alberta property, grants of administration limited to specific property, and ancillary grants. The second part of the paper addresses applying for a grant with a power of attorney, applying for expedited grants, validating non-compliant wills or gifts, and using caveats. The paper includes a number of samples and precedents related to grant applications. These include an application for a grant of probate, an application for a grant of administration, an application for a grant of re-sealed probate, a surrogate checklist, protocols for expedited applications in Edmonton and Calgary, and a list of common errors and problems when applying for grants. This paper is part of a collection presented at LESA’s Effective Legal Support: Wills and Estates program in Edmonton on November 15, 2017 and in Calgary on November 22, 2017.
    Minus Quantity- Plus Quantity+
  • 62248.22

    Common Themes in Family Maintenance and Support Jurisprudence

    $65.00
    This paper provides a brief overview of the Family Maintenance and Support (FMS) regime in Alberta. Canvassing a number of recent cases, it reviews the legislative and common law factors that govern FMS claims and courts’ application and interpretation of those factors. The paper identifies common themes that emerge from the cases to enable practitioners seeking to advance or defend an FMS claim on behalf of their clients. This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.
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  • 62147.03

    Commonplace, but Not Routine: Make the Most of Your Mediation

    $35.00
    This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
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  • 62316.02

    Concordance

    $35.00
    This detailed concordance links sections of the new Trustee Act (in force as of February 1, 2023) with similar provisions in the former Trustee Act, the Uniform Trustee Act, and the Alberta Law Reform Institute recommendations. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
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  • OC-62248-6

    Contemporaneous Capacity Assessments (On-Demand)

    Price range: $95.00 through $445.00
    Examine the role and duties of a capacity assessor and highlight the different skill sets of trained assessors and lawyers. Address how to operationalize delusions and disorders of the mind as well as how to test for the presence of a delusion. 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 47 minutes.
    Select options This product has multiple variants. The options may be chosen on the product page
  • 62492.01

    Contentious Estate Matters: Tips for Preparing Materials

    $65.00
    This paper provides an introductory review of common estate litigation matters, including the preparation of materials and overall file management. It also explores a number of precedents that can be used as you encounter each of these issues. This paper was presented at LESA’s Effective Legal Support: Contentious Estate Matters webinar on March 4, 2025.
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