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Property statements can be an incredibly useful tool as they allow lawyers to organize all of the property issues into one fluid, live document while detailing relevant disclosure, production, and offers. The challenge for many is that there is no one “right” way to put one together. Property statements can look very different depending on who drafted them and how they are organized, which can be overwhelming and confusing – especially if you have never been taught to prepare one. This paper seeks to establish the fundamentals, to understand the overarching legal and financial principles, and to discuss further considerations while reviewing and vetting the documents supporting same. This paper was presented at LESA’s Family Property Problems for Paralegals webinar on October 20, 2021.
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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 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.