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In the context of teachers’ pensions, this paper explores governing legislation, death benefits, relationship breakdown situations, and resources that are available to help lawyers and their clients. It also explores common administrative issues that lawyers may encounter when drafting family property orders and family property agreements. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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When parties are going through a relationship breakdown, two important questions emerge: (1) What is the value of the pension entitlement (i.e. pension asset) for purposes of the Family Property Act? and (2) What assets will the pension plan make available for the parties to use as part of the settlement of the pension asset? This paper explores answers to those questions, along with other considerations including options for making a pension division, recent changes to some pension plans in Alberta, divisions of pensions in pay, and mortality concerns. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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The concept of family relief (as it was once called) has evolved into our current Family Maintenance and Support (FMS) provisions. Review the fundamental concepts on which FMS is based, and how the courts consider claims. Review the drafting of wills where there are potential FMS claims, and the obligations of executors to FMS claimants and other beneficiaries. This on-demand program was originally presented as a webinar on December 9, 2021. Total running time is 3 hours, 50 minutes.
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Author: Todd A. Shipley & Maya C. Gordon Examining the provisions of the Wills and Succession Act, this paper explores issues that lawyers should be aware of when advising clients when FMS issues are present. It also considers factors when advancing an FMS application and defending a will from an FMS claim. Lastly, it reviews recent Alberta cases dealing with costs in FMS matters. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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As a background to a discussion of sound and proper legal practices in taking will instructions as they relate to family maintenance and support (FMS) issues, it is useful to consider the duty of care and the standard of care of a reasonable solicitor in so doing. This paper discusses certain aspects of a solicitor’s duty and standard of care in taking will instructions where potential FMS claims may exist. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.