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61991.03Estate planning often includes preparing enduring powers of attorney [EPAs], but without careful planning and consideration, problems can result. This paper reviews common problems encountered in EPAs, both in the context of case law and the author’s personal experiences. In particular, the role of the attorney is considered, including issues surrounding the duty to account, capacity, removing an attorney, among others. As well, calculating compensation for attorneys is discussed. A basic precedent EPA is included as an appendix, along with suggested paragraphs with respect to an attorney’s duties to account. This paper is part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.
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61991.02Even when prepared by lawyers, sometimes personal directives have drafting issues. The first paper in this set, Personal Directives in a Clincal Setting, provides a practical perspective on some of the challenges that Alberta Health Services [AHS] has experienced with personal directives and the Personal Directives Act, RSA 2000, c P-6, based on experiences in AHS clinical settings. Following a background discussion of informed consent and the AHS policy on consent and personal directives, the paper outlines 8 practice tips for drafting personal directives to avoid common complications seen in the clinical setting. The second paper, Use of Personal Directives in the Context of Physician-Assisted Death, discusses the recent Supreme Court of Canada decision, Carter v Canada (Attorney General), 2015 SCC 5 [Carter], and provides an overview of post-Carter contextual information related to physician-assisted death and personal directives. In particular, additional case law, Quebec legislation, key Canadian governmental reports, and positions in other international jurisdictions are considered. The paper’s intent is to provide a starting point for lawyers asked by clients to prepare personal directives that may contemplate physician-assisted death. These papers are part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.
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61991.01The growing international mobility of clients broadens the considerations involved in estate planning. This paper examines some of the considerations that lawyers should take into account when engaging in incapacity planning for clients who own property or assets in foreign jurisdictions, reside, at least part of the calendar year, in foreign jurisdictions, or who may move to a new jurisdiction and are unwilling or unable to execute new estate planning documents in that jurisdiction. Topics discussed include using Alberta enduring powers of attorney [EPAs] and personal directives [PDs] in other jurisdictions, using multiple, separate situs EPAs and PDs, and considerations for drafting the same. As well, practical tips for solicitors preparing EPAs and PDs are provided. Various tables of concordance related to EPAs and PDs are also included, as appendices, for Canadian provinces and select United States and Commonwealth jurisdictions. This paper is part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.
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61980.01Family trusts have become more prevalent, with clients not only being the beneficiaries of family trusts, but also creating trusts for tax and estate planning purposes. The question for family law practitioners is how those interests are divided upon separation. In the context of matrimonial property division, this paper discusses the interests a spouse has in the family trust income or assets held by his or her partner, as well as trusts created during marriage.This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on January 6, 2016 and in Edmonton on January 12, 2016.
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61977.06This paper provides a number of important planning and drafting considerations that should be taken into account when drafting your first will. The author includes a review of various descendants, property rights, and the limits of testamentary freedom.This paper is part of a collection presented at LESA’s Drafting Your First Will program in November, 2015.
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61977.05Understanding and recognizing tax issues is helpful when drafting a will, allowing clients to maximize the estate that is left to their beneficiaries. This paper provides a general overview of some of the more common tax issues, the pitfalls, and the planning opportunities that may be available when drafting a client’s will.This paper is part of a collection presented at LESA’s Drafting Your First Will program in November, 2015.
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61977.03This paper provides an overview of the structure of a standard will, including which clauses should be included and why. The author offers recommendations for useful variations to present to clients which can ensure the appropriate clauses are included in an otherwise straight forward will. A precedent standard will is included.This paper is part of a collection presented at LESA’s Drafting Your First Will program in November, 2015.
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61977.02This paper discusses the factors lawyers need to be aware of regarding capacity, including how to create a properly documented process in order to validate and support the likelihood of a client’s testamentary capacity during the legal services process. A lawyer checklist regarding capacity, a sample letter requesting a capacity assessment report, and a sample capacity assessment report are included.This paper is part of a collection presented at LESA’s Drafting Your First Will program in November, 2015.
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61977.01This paper provides a broad overview of the process of drafting a will, with a particular focus on should be discussed with the client during the initial meeting. The author provides recommendations on systems that can assist in drafting wills that meet your clients’ needs and addresses their complexities. The paper includes a sample client questionnaire and a will instruction checklist.This paper is part of a collection presented at LESA’s Drafting Your First Will program in November, 2015.
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61972.02This paper provides a comprehensive summary of the new Estate Administration Act which came into force on June 1, 2015 and which applies to existing administrations, applications or grants in Alberta. A Table of Concordance between the new Estate Administration Act, the Administration of Estates Act, Devolution of Real Property Act, Surrogate Rules and the Wills and Succession Act is included.This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2015.
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61972.01This paper provides information on the substantive legal operation of the Wills and Succession Act since it came into force on February 1, 2012. The author discusses amendments to the legislation as well as recent case law and judicial interpretation of the act.This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2015.
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61969.04This paper represents an overview of the current state of Alberta law relating to costs in estate litigation. The authors include an examination of the cases that have helped to form the current Alberta law and how the courts are applying those cases.This paper is part of a collection presented at LESA’s Top Wills & Estates Law Cases program in October and November, 2015.
