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62553.03Estate Planning and asset management are often the main drivers in the use of trusts. Their creditor protection properties may be considered a bonus, if not altogether overlooked. This paper explores matrimonial creditors, and third-party and arm’s length creditors. Topics include spouses as creditors; trusts and division of family property; trusts and family maintenance and support; fixed vs. discretionary trusts; fraudulent conveyance legislation; and sham trusts. These materials are part of a collection presented at LESA’s Drafting Trusts program in Edmonton on February 11, 2026.
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62553.02Testamentary trusts can serve useful purposes, when constructed correctly. This paper explores how to draft meaningful and effective will clauses of testamentary trusts for minors and young adults. It also discusses the advantages and dangers of building spousal trusts in wills. These materials are part of a collection presented at LESA’s Drafting Trusts program in Edmonton on February 11, 2026.
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62553.01Often the last thing on caregivers’ minds is their estate planning. A lawyer who is familiar with some of the basic elements of disability trust planning can be a relief. This paper explores the following questions (1) when would you consider creating a trust for a disabled beneficiary? (2) what are the benefits and drawbacks? (3) What are the two types of trusts that can be drafted for disabled beneficiaries? (4) what are the essential elements of trusts for disabled beneficiaries? And (5) how are these trusts taxed? These materials are part of a collection presented at LESA’s Drafting Trusts program in Edmonton on February 11, 2026.
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62555.01This paper reviews twenty key Alberta decisions from 2025 concerning wills, estates, and related areas of capacity, undue influence, and estate administration. These cases collectively demonstrate the Alberta courts’ continued emphasis on testamentary intention, the importance of procedural compliance in estate administration, and a careful balance between capacity, undue influence, and rectification principles. The summaries are organized thematically to assist practitioners in identifying key trends and takeaways. These materials were presented at LESA’s Wills and Estates: Case Law Update 2025 webinar on December 10, 2025.
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62541.01Estate practitioners are tasked with the challenging responsibility of assisting clients and the Courts to navigate through the ever-changing legal landscape surrounding AIPs. This paper explores the implications of adult interdependent relationships and how they are treated in the estate context in Alberta. These materials were presented at LESA’s Were they AIPs? A Comprehensive Review of Adult Interdependent Relationships in the Estate Context webinar on November 24, 2025.
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62504.01As Canadians increasingly create and store content and assets online, the concerns for Personal Representatives, Agents, Trustees and Attorneys in managing and administering those assets should be carefully considered. With the objective of informing advisors to these Trustees, this paper explores the landscape of access to digital assets, the gaps therein, and provides some recommendations on how to best serve your clients. These materials were presented at LESA’s Digital Afterlife: Navigating Online Assets in Estate Planning webinar on May 22, 2025
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62457.11This paper examines the classes of individuals entitled to make FMS claims; relevant provisions of the Wills and Succession Act; the applicability (and non-applicability) of family property and child support legislation to the Statute of Elizabeth; and unjust enrichment. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.10Estate litigation in Alberta involves navigating complex legal issues. This paper explores the role of the personal representative in managing estate disputes, provides insight into assessing the impact and advisability of litigation, and considers various factors that personal representatives and lawyers acting for interested parties should keep in mind when contemplating or continuing litigation. It also examines the use of estate caveats as a strategic tool in litigation and potential costs consequences of doing so. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.09Though the importance of dower rights has perhaps declined, as most married couples own their matrimonial home in joint tenancy, these rights continue to wield power and can have a variety of unintended and long-lasting consequences when the landowning spouse dies. This paper addresses the purpose of dower, the bundle of dower rights, ownership of land and dower, homesteads, consents and releases, life estates and their values, dispensing with consent, and practical problems. It also provides tips for a drafting solicitor. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.08This paper provides tips to support lawyers as they navigate less common situations throughout the application process, including “to be determined inventory” values, the irregularities section, recalling the application, service of notice to interested persons, other documents after the grant is issued, and withdrawal of counsel. It also provides examples of unusual circumstances and provides potential ways to address them. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.07Solicitors are obliged to address capacity issues when helping a client make a will. The test for capacity articulated in Banks v Goodfellow works for most situations. But what happens in unusual cases? Can lawyers (or judges) rely on the Banks test? This paper provides a framework to deal with capacity issues in non-standard transactions, both in lawyers’ offices during estate planning and in court during litigation. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.06This paper addresses less common or irregular assets that may exist in estate planning or an estate administration practice. Topics addressed include pets, firearms, shares in closely held corporations, life estates in the marital home, and valueless mines and minerals interests. The paper also includes precedent will clauses that could be used to address issues related to these assets. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
