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This paper examines key provisions of the Family Property Act and explains important concepts. Topics canvassed include the application of the act to common law couples, date of separation, limitation periods, valuation date, exemptions, exclusive possession of the family home, pensions, existing and future agreements, and Court forms. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
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Legal support staff’s assistance in the preparation of Family Property Statements can be invaluable to a lawyer – if done properly. While the preparation of these statements may seem repetitive or mundane when you are being asked to complete one every property file, as you will learn within this paper, the FPS is extremely helpful because it provides a high-level overview of all the family property and is often used to settle the division of family property. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
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This short paper provides some basic tips for legal support staff and includes sample checklists for both asset and sale transaction documentation, searches, real property documentation for both sale and purchase transactions, and more.
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This paper discusses legal writing in general and pleadings, affidavits, and briefs in particular. It both offers suggestions to improve legal writing (including a useful dos and don’ts summary chart) and explains the formal requirements for pleadings, affidavits, and briefs under the Rules of Court and Practice Notes.
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This paper examines common ethical issues addressed by the Law Society’s Office of the Practice Advisor. The main topics of discussion are (1) trust conditions and undertakings, (2) self-represented parties, (3) confidentiality, and (4) communicating with the court and court staff. This paper is part of a collection presented at LESA’s Advanced Family Law Issues for Paralegals program in Edmonton on January 16, 2020 and in Calgary on January 23, 2020.
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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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This paper discusses some of the top tips for legal support staff when dealing with matrimonial property matters on family law files. Tips relate to reading financial disclosure, dealing with adjournments, working with undertakings, and more. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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This paper provides an overview of the role of the Office of the Public Guardian and Trustee in estate administration matters, including for represented adults or minor children, family maintenance and support claims, court appointed trustees of minor’s property, bonds, missing or unknown beneficiaries, missing persons, and more. This paper is part of a collection presented at LESA’s Effective Legal Support: Wills and Estates program in Edmonton on November 15, 2017 and in Calgary on November 22, 2017.
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This paper provides an overview of grants of probate and grants of administration. The first part of the paper discusses grants that are limited to part of the deceased’s property, including grants of administration of unadministered property, grants of re-sealed probate/administration with respect to Alberta property, grants of administration limited to specific property, and ancillary grants. The second part of the paper addresses applying for a grant with a power of attorney, applying for expedited grants, validating non-compliant wills or gifts, and using caveats. The paper includes a number of samples and precedents related to grant applications. These include an application for a grant of probate, an application for a grant of administration, an application for a grant of re-sealed probate, a surrogate checklist, protocols for expedited applications in Edmonton and Calgary, and a list of common errors and problems when applying for grants. This paper is part of a collection presented at LESA’s Effective Legal Support: Wills and Estates program in Edmonton on November 15, 2017 and in Calgary on November 22, 2017.
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This paper explores ideas for creating co-operation and continuity in a legal office to strengthen operations and workplace satisfaction. Topics discussed include sharing information, managing files efficiently, and interacting with clients and self-represented litigants. A number of precedent forms are included with the paper as additional resources, including a sample retainer letter, client intake sheet, client guide to questioning, triage cold call sheet, trial checklist, sample emails, and many others. This paper is part of a collection presented at LESA’s Effective Legal Support: Family Law program in Calgary on October 3, 2017 and in Edmonton on October 12, 2017.
