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62409.03This paper explores a variety of topics including negligence claims against drafting solicitors, limitations periods, practical advice for drafting solicitors who are sued, applicable legislation and rules, solicitor client privilege, and obtaining and using evidence of the drafting solicitor. This paper is part of a collection presented at LESA’s The Next Level: Elevating Your Practice in Estate Litigation program in Edmonton on April 25, 2024.
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62409.01This paper discusses the interplay between family law and wills and estates law. This paper is part of a collection presented at LESA’s The Next Level: Elevating Your Practice in Estate Litigation program in Edmonton on April 25, 2024.
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62408.01This paper explores recommendations that are aimed at optimizing the likelihood of a client’s advance care plans being carried out in health care settings. It further outlines sources that describe the current state of advance care planning (ACP), describe gaps in the legislation, and prescribe principles and practices to strengthen lawyers’ understanding of and effectiveness in their ACP-related practices. This paper was presented at LESA’s Aligning Practice to Reality: Understanding Advance Care Planning webinar on April 18, 2024.
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62395.01On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This paper discusses the amendments to the Trustee Act, recent amendments to the Estate Administration Act and the Adult Guardianship and Trusteeship Regulation, and judicial involvement. This paper was presented at LESA’s A Year in Review: Judicial Treatment of the New Trustee Act webinar on March 12, 2024.
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62365.05Lawyers need to ensure that personal representatives understand what tasks they need to perform and what tasks the lawyer will handle. This paper considers a variety of issues that lawyers must be sensitive to during the administration of an estate, including how to navigate estates where assets are held by a financial institution, the distinction between estate accounts and trust accounts, dealing with real property, dealing with personal effects, expenses incurred by the personal representative, advertising for creditors and claimants, mail forwarding, and assets outside of Alberta. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62365.04Tax is a complicated and multifaceted complication for many estates. However, having a general understanding of tax rules helps to ensure that the estate administration can proceed smoothly and with reduced complication. This paper explores common tax issues and pitfalls in the administration of estates, as well as some of the key income tax issues that should be addressed when legal counsel is retained to assist the personal representative of an estate. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62365.03This paper explores the nuts and bolts of grant applications including determining whether to use the Surrogate Digital Service or the paper-based GA forms. It focuses on the information that courts require during the grant application such as the name(s) of the deceased; applicant(s) and priority to apply; wills and codicils marked for identification; beneficiaries; intended recipients of void and revoked gifts; potential claimants; assets and liabilities of the deceased; oaths, affirmations, and certifications; filing, serving, and awaiting the court’s decision; applicable legislation; and relevant surrogate forms. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62365.01This paper explores the duty to account in estate administration. Topics addressed include general principles and the common law duty to account, the legislated duty to account, when to account, how to fulfill the duty to account, who is entitled to an accounting and who prepares/pays for the accounting, accounting by trustees under the Trustee Act, and accounting by attorneys under a power of attorney. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62369.01Unique ethical considerations arise for wills and estates practitioners working with elderly clients. This paper explores common issues in the estate planning process for aging clients, red flags practitioners should be aware of, and effective strategies to ensure that lawyers meet their ethical obligations. This paper was presented at LESA’s Estate Planning Essentials for Elderly Clients webinar on October 12, 2023.
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62332.01Alberta courts have provided counsel with helpful guidance for solicitors and litigators practicing in wills and estates. This paper explores some recent cases and includes comments on costs in estate litigation, pre-death financial disclosure of a testator, capacity to execute a transfer of land, the presumption of validity and the appropriate test for a trial, and the test for removal of an executor or trustee. This paper was presented at LESA’s Wills and Estates: Case Law Update webinar on June 13, 2023.
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62327.01A will, gift, or other juridical act is void if driven by a delusion as to fact, motive, or character. This paper explores the legal and medical definitions of “delusions”. This paper was presented at LESA’s The Impact of Delusions in Capacity Cases webinar on June 1, 2023.
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62330.05The complexities surrounding the modern family are particularly fascinating from an estate planning perspective. One area where parties often have a lot of questions relates to child support and spousal support, and what happens when the payor dies. This paper addresses key legal principles when this occurs. This paper is part of a collection presented at LESA’s Estate Planning for Blended Families program in Edmonton on April 26, 2023.
