Areas of Law
Areas of Law
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  • 62028.06
    This paper reviews 8 clauses that aren’t commonly found in Alberta wills, but that should be considered during estate planning discussions and drafting. The estate planning provisions discussed include: digital assets; evidence of inability to act; definition of grandchild; personal property; advances; joint assets; statement of intention; and real property interests. This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.  
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  • OC-62111-05
    Price range: $95.00 through $445.00
    This presentation provides a clinical process to assessing decision-making capacity as well as a discussion of the capacity continuum. The materials include a capacity assessment worksheet and a worksheet to use when conducting a capacity assessment. This on-demand program was originally presented as an in-person program in February 2019.
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  • 62035.04
    This paper discusses some of the evidentiary rules and presumptions that apply to estate litigation. It also discusses sources of evidence that may be adduced to support a litigant’s arguments. In particular, it provides an overview of the law of evidence under the Alberta Evidence Act and Alberta jurisprudence. As well, evidentiary issues regarding testamentary capacity, undue influence, and interpretation and rectification of wills are also discussed. In addition, important evidentiary presumptions are highlighted, such as the presumption of advancement and the presumption of resulting trust. This paper is part of a collection presented at LESA’s Estate Litigation Fundamentals program held in Edmonton on April 5, 2017 and in Calgary on April 12, 2017.
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  • OC-62248-12
    Price range: $95.00 through $445.00
    Consider the interplay between spousal support and a claim for maintenance and support under the Wills and Successions Act. This on-demand program was originally presented as an in-person session on May 2, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 1 hour, 16 minutes.
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  • 62395.01
    On 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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  • OC-62395
    Price range: $95.00 through $445.00
    On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This presentation 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 on-demand program was originally broadcasted as a live webinar on March 12, 2024. Total running time is 43 minutes.
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  • OC-62023-05
    Price range: $95.00 through $445.00
    In this presentation, Jason Sweeney discusses the personal representative's duty to account, forms of accounts, types of accounting, and what must be proven. This on-demand program was originally presented as an in-person program in November 2016.
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  • OC-62035-02
    Price range: $95.00 through $445.00
    In this presentation, Malkit Atwal outlines common accounting applications in estate litigation such as attorney's obligations, when accounting is required, remedies, procedural issues, forms of accounting, personal representative compensation, and common disputes.
    This on-demand program was originally presented as an in-person program in April 2017.
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  • 62023.06
    The personal representative’s duty to account to those interested in an estate is central to that role, yet it is often poorly understood. This paper examines that duty to account so that lawyers can better prepare personal representatives for their role. It discusses forms of accounts, and provides examples of disbursements and receipts of capital and income. It also reviews types of accounting, including informal accounting, formal accounting, and applications to dispense with formal accounting. Additional accounting considerations for personal representatives are also discussed. The paper includes, as appendices, a sample clause for a retainer letter, a sample inventory of property and debts (Schedule 5), and a sample estate accounting financial statement. This paper is part of a collection presented at LESA’s Estate Administration Fundamentals program held in Edmonton on November 30, 2016 and in Calgary on December 7, 2016.  
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  • 62248.18
    Estate litigation often involves clients with diminished capacity. This paper addresses the question, “How does the lawyer properly deport him or herself when approached by the aging client who wants to retain the lawyer to represent them?” This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.
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  • OC-62030-05
    Price range: $95.00 through $445.00
    In this presentation, Shelley Waite discusses acting for the aging client, including applying the legal test for capacity, conducting medical capacity tests, and dealing with undue influence. This on-demand program was originally presented as an in-person program in March 2017.
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  • 30_44_09
    This paper discusses issues of trustee liability. Within that discussion, the author first deals with Alberta's Prudent Investor Rules and then with a more detailed analysis of the tax consequences that a trustee should address. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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