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62330.01The use of spousal trusts has increased over time on account of the increased number of blended families. This paper discusses the issues that should be considered in establishing such a trust in a will. This paper is part of a collection presented at LESA’s Estate Planning for Blended Families program in Edmonton on April 26, 2023.
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62326.01This paper explores the effects of alcohol on cognition, the potential impacts of alcohol withdrawal on testamentary capacity, and the use of alcohol as a potential control mechanism. It further outlines questions for practitioners to consider if they suspect their client has an alcohol use problem. This paper was presented at LESA’s The Impact of Alcohol on Legal Capacity webinar on April 25, 2023.
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62316.06The new Trustee Act updates and changes Alberta’s legislated approach to the variation and termination of trusts. This paper provides an overview of the new trust variation and termination provisions and discusses some of the key changes. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
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62316.05The new Trustee Act provides significant direction on modern trust issues, establishes trustee’s powers and duties, describes the court’s authority, and is drafted to ensure that trusts function appropriately. This paper assists both the lawyer and the trustee in adherence to best practices under the new legislation relating to the standard of care, conflicts, accounting, and compensation. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
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62316.04What happens when a trustee doesn’t have the time to be a trustee, needs an additional trustee, or needs a replacement? This paper discusses provisions in the new Act that address these issues. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
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62316.03The new Trustee Act allows practitioners the ability to bring in extrinsic evidence when interpreting and determining trust provisions in accordance with a settlor’s intentions. This paper explores the kind of extrinsic evidence that can be used when doing so. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
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62316.02This 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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62316.01This comprehensive paper explores the new Trustee Act. It includes notable highlights of the new statute, along with a summary of provisions from the old legislation that are carried into the new legislation. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
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62272.03These materials consist of precedents that could be used in matters dealing with represented adults. Precedents include sample letter to the Office of the Public Guardian and Trustee, sample letter to adult, sample letter to other family members and interested parties, and sample paragraphs that could be included in an application. This paper is part of a collection presented at LESA’s AGTA for Legal Support Staff program in Edmonton on May 27, 2022.
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62272.02These 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.
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62247.04This paper encourages readers to analyze their time and/or their staff’s time, and identify processes that can be standardized, thereby leading to more time to create quality documents, lasting clients, and perhaps making more money. This paper is part of a collection presented at LESA’s Managing Wills and Estates Matters program in Banff on April 29, 2022.
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62247.03This paper highlights certain tax considerations in drafting wills and in administering estates. In particular, it looks at: structuring charitable bequests under a will/trust, will planning for US beneficiaries, cross-border tax implications of distributions to US persons, and tax responsibilities for executors of US persons (US citizens living in Canada). This paper is part of a collection presented at LESA’s Managing Wills and Estates Matters program in Banff on April 29, 2022.
