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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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This list, from a retired Court of Queen’s Bench Justice, provides a brief overview of best practices that wills and estates practitioners should consider implementing to avoid getting sued for negligence. The list enumerates 10 important tips for both drafting wills and acting for executors. 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 explores the legal assistant’s role in screening, coordinating appointments, collecting information, and preparing applications for non-contentious estate matters. It discusses frequently used NC Forms and related considerations, including notices to be served, service of documents, and submitting documents to court. This paper provides information and tips to assist with completing NC Forms, including a sample information collection form and sample NC Forms with additional precedent information and instructions noted in coloured text. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.
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This paper covers three main topics. First, it reviews formal proof of will processes, including considerations for filing caveats, notices of objection, and applications. Second, it discusses issuing notices and claims under the Matrimonial Property Act and Wills and Succession Act as well as related procedural requirements. Third, it considers court applications for advice and direction. Practical discussion of materials preparation and file management occurs throughout, providing tips for effective information gathering procedures. This paper also includes precedents for documents commonly filed in applications for family maintenance and support, proving formal validity of a will, and seeking advice and directions. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.
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Estate litigation and family law frequently intersect. This paper considers several family-related issues that commonly arise in estate matters, with reference to key legislation and case law. It discusses family home considerations and allowances following a testator’s death. It also considers the proper maintenance and support of certain individuals following a testator’s death. Additionally, the paper examines unjust enrichment claims in estate matters. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
