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Most clients do not fully understand how income tax will affect their estate and are relying on their advisors in this regard. This paper looks at the basic concepts relating to taxation at the time of death. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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This paper 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 paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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Familiarity with the language typically used in wills can lead to complacency and a lack of consideration of circumstances where changes to the usual forms might be warranted. This paper considers some of the issues that arise in the context of drafting wills. While not exhaustive, it is intended to provide a starting point for lawyers who may be new to estate planning or who do not regularly practice in this area. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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Estate litigation has unique nuances. This paper explores applicable legislation and rules that address who can be properly added as a party to estate litigation, who might have standing to participate, how litigation representatives need to function, and potential conflicts of interest that might exist. This paper was presented at LESA’s Civil Litigation Series webinar on February 4, 2021.
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This paper discusses how to draft to keep property out of the estate, and draft inter vivos and testamentary trusts for the next generation. This paper was presented at LESA's Drafting Wills program held in March, 2013.
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This paper discusses how and when to bind spouses contractually to their wills and go beyond the mutual will contract. This paper was presented at LESA's Drafting Wills program held in March, 2013.
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This paper explores the various options available in estate planning for blended families, highlighting the potential attacks that can be made on some of those options. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
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This 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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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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This paper reflects on the nature of trust breakdown and, with a blend of theory and practical advice, gives suggestions on how trust can be rebuilt by a parenting mediator in an effort to help parties develop a parenting plan. This paper also examines the differences between interpersonal trust or interest based trust on one hand and procedural trust or calculus based trust on the other hand. The paper also discusses trust in the context of attribution theory. 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.