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  • 61933.06

    Power of the Trust

    $35.00
    When drafting a trust deed, it is critical to consider what powers a trustee will need to effectively perform his or her duties.  Too often the “powers” section of a trust deed is glossed over as “boilerplate” language.  Failing to provide a trustee with adequate or appropriate powers can interfere with his or her ability to effectively perform the role of trustee.  This paper examines trustee duties and common types of trust powers.  It explains the purpose of each and how trustee liability can arise and be avoided. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.  
  • 61933.05

    Multiple Beneficiaries

    $35.00
    What issues must a drafter consider in a trust for multiple beneficiaries that he or she would not otherwise address?  A trust with multiple beneficiaries requires a drafter to pay particular attention to the rights of each beneficiary vis a vis their relationship to the trustee and to each other, and their enjoyment of the trust property.  This author explores issues surrounding identifying beneficiaries, trustees' duty of impartiality, dealing with missing beneficiaries and beneficiaries' rights to prematurely terminate a trust.  A case study is attached. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.
  • 61933.04

    Family Trusts in a Corporate Setting

    $65.00
    This author highlights the key terms every family trust should contain, and the position these trusts take in a corporate setting.  He examines specific issues like these:  drafting to avoid the application of the attribution rules, drafting to address issues relating to beneficiaries, drafting to address issues relating to the distribution of trust property and drafting to address issues relating to trustee decision-making and powers. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.
  • 61933.03

    Taxes and Trusts

    $35.00
    Recent legislative amendments have continued a trend of increasing complexity of trust taxation issues.  This paper provides the tools for trust practitioners to identify tax issues as they arise in trust drafting.  The author divides his topics into 2 sections:  a general overview of tax issues and a summary of selected tax issues and drafting tips. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.
  • 61933.02

    Starting with the End in Mind

    $65.00
    Being retained to set up a trust requires a lawyer to consider certain questions and issues.  This paper sets out those issues, including:  determining the scope of the retainer, setting fees, the information need to begin drafting, the players to be involved, preparing for the day for settlement of the trust, and how the trust will be administered.  Sample trust-related precedents are attached. Bonus: A 13-page research memo representing an overview on trusts (tax planning principles, trust origins, non-tax uses of trusts, and administration of trusts) and a comprehensive sample trust deed. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.
  • 61933.01

    Fundamentals of Trust Drafting

    $65.00
    As the title suggests, this paper reviews the fundamentals of trust drafting, touching on these and other issues:  trust characteristics, the creation of a trust (express versus implied), the elements of a valid trust, common motivations for creating a trust and other issues like perpetuities, accumulations, fraudulent preferences, and issues under the Trustee Act.  It also discusses drafting issues and the key parts of a trust deed.  Bonus:  A comprehensive sample trust deed is attached. This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.
  • 61934.05

    Probate Application Sample

    $35.00
    These materials represent precedents, with observations and annotations, of all of the documents required to be filed in a probate application including:  the relevant will, the grant application, supporting affidavit, schedules, affidavit of witness to a will, affidavit of service, and new required notices to affected parties.  A Surrogate Checklist and a list of Surrogate fees (effective May 1, 2015) are also attached. This paper is part of a collection presented at LESA’s New Estate Administration Act program held in April, 2015.
  • 61934.04

    The New Estate Administration Act Scenarios and Answers

    $35.00
    These materials provide good practical advice for the estate practitioner.  They represent examples of situations that practitioners can encounter in everyday practice, and an answer key setting out how the new Estate Administration Act will apply to those scenarios. This paper is part of a collection presented at LESA’s New Estate Administration Act program held in April, 2015.
  • 61934.03

    Surrogate Rules Amendments

    $35.00
    This paper represents a brief survey of the amendments to the Surrogate Rules (to be effective June 1, 2015) made for the purpose of synchronizing them with the new Estate Administration Act (also in force June 1, 2015).  Topics include:  the new forms for use by personal representatives related to their obligation to provide notice of an application to certain interested persons; a summary of the amendments directly related to the differences between the old and the new legislation; and some of the housekeeping legislative amendments not directly related to those differences. The appendix is an unofficial DIY "tracked changes" version of the rules and forms affected by the amendments, illustrating the different wording used under the old and new legislation. This paper is part of a collection presented at LESA’s New Estate Administration Act program held in April, 2015.
  • 61934.02

    Applications for a Grant: Priority to Apply and Notices Provided

    $35.00
    This author, from the Office of the Public Guardian and Trustee, highlights the most significant changes to how Albertans will administer estates with the coming into force of the Estate Administration Act and the new Surrogate Rules. She provides a chart comparing the old and new legislative authorities governing specified court applications and also issues like the factors affecting priority, special grants, required notices and priorities affecting applications by spouses and adult interdependent partners. This paper is part of a collection presented at LESA’s New Estate Administration Act program held in April, 2015.
  • 61934.01

    The New Estate Administration Act

    $35.00
    This paper represents a valuable overview of the changes to the law affecting estates, effective with the coming into force of the Estate Administration Act on June 1, 2015.  It discusses general principles but also provides details on the significant changes in the law.  A helpful concordance (involving the new legislation and the old Act, the Surrogate Rules and the Wills and Succession Act) is attached. This paper is part of a collection presented at LESA’s New Estate Administration Act program held in April, 2015.
  • 61954.09

    Diminished Capacity for Solicitors – Black, White and a Lot of Grey

    $35.00
    One of the main areas of estate litigation continues to involve issues surrounding individuals with diminished capacity. This paper looks at those issues and offers details on the different tests for different legal purposes, potential issues relating to varied capacities, the standard of capacity for wills, medical evidence of testamentary capacity and the solicitor’s role and responsibilities when dealing with capacity issues.
    This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.