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Most clients do not fully understand how income tax will affect their estate and are relying on their advisors in this regard. This paper looks at the basic concepts relating to taxation at the time of death. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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This paper looks at the intake process from the pre-meeting communication and logistics, to the initial assessments of capacity, to the discussion of detailed substantive information needed to move on to the drafting of estate planning documents. It provides worthwhile reminders and practical takeaways. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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Familiarity with the language typically used in wills can lead to complacency and a lack of consideration of circumstances where changes to the usual forms might be warranted. This paper considers some of the issues that arise in the context of drafting wills. While not exhaustive, it is intended to provide a starting point for lawyers who may be new to estate planning or who do not regularly practice in this area. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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Estate litigation has unique nuances. This paper explores applicable legislation and rules that address who can be properly added as a party to estate litigation, who might have standing to participate, how litigation representatives need to function, and potential conflicts of interest that might exist. This paper was presented at LESA’s Civil Litigation Series webinar on February 4, 2021.
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This paper discusses how to draft to keep property out of the estate, and draft inter vivos and testamentary trusts for the next generation. This paper was presented at LESA's Drafting Wills program held in March, 2013.
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This paper discusses how and when to bind spouses contractually to their wills and go beyond the mutual will contract. This paper was presented at LESA's Drafting Wills program held in March, 2013.
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This paper explores the various options available in estate planning for blended families, highlighting the potential attacks that can be made on some of those options. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
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This paper explores the practical servicing and handling of these clients, who come with, perhaps, more “baggage” and so can require a broader, more holistic approach. It reviews issues like conflicts, taking instructions, drafting considerations, and potential complications in estate administration. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
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This paper explores sections 37, 38, and 39 of the Wills and Succession Act (WSA) and examines Alberta’s dispensing and rectification powers in regards to their application, scope, and relationship to one another. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.
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This paper reviews tips and traps when collecting information and drafting wills. Topics include joint assets, life insurance, registered assets, Registered Education Savings Plans (RESPs), specific bequests, gifts to charities, Assured Income for the Severely Handicapped (AISH) trusts, spousal trusts, advances/loans/gifts, and administration clauses. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.
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This paper discusses some potential pitfalls and risks of unanticipated personal liability faced by lawyers who act under the power of attorney. The paper outlines the duties of attorneys, the common types of litigation faced by attorneys, the adverse consequences of litigation arising from a power of attorney, and some measures to take to protect against personal liability. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.
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