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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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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.
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There is a very fine line between testamentary freedom and an individual’s legal and moral obligations and responsibility to support those they leave behind, after death. Understanding the risks of post-death support claims is an important consideration for any lawyer in advising clients on their testamentary matters and structuring their related documents and agreements. This paper reviews how a spouse or Adult Interdependent Partner is defined for family maintenance and support claims purposes under the Wills and Succession Act. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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The purpose of this paper is to review Family Maintenance and Support (“FMS”) claims for those wills and estates practitioners who are in the early years of practice or for those looking for a refresher on the basics in this area of the law. The paper will provide an overview of the legislation and touch on various procedural issues involved in bringing or defending an FMS claim. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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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.