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  • 61969.03

    Taxes and Rectification

    $65.00
    Tax law is complex, and can have an unintentional impact on an estate’s administration.  The remedy of rectification can help, by fixing problematic estate plans that result in undesirable tax consequences.  This author discusses the rectification remedy generally, looks at select cases in which the courts have dealt with tax-motivated rectifications and, finally, discusses practical considerations for those considering rectification as a means to correct errors in an estate practice.
    This paper is part of a collection presented at LESA’s Top Wills & Estates Law Cases program in October and November, 2015.
  • 61969.01

    Family Maintenance and Support Claims

    $65.00
    This paper represents a review of family maintenance and support ("FMS") claims. It begins with a review of the legislative framework for FMS claims and the leading cases that establish the key principles relevant to those claims. The authors go on to review the most recent FMS-related cases in Alberta and to identify any unique practice points that emerge from these cases.
    This paper is part of a collection presented at LESA’s Top Wills & Estates Law Cases program in October and November, 2015.
  • 61963.02

    Rules and Requirements of an Acceptable Accounting

    $65.00
    This paper highlights the key elements of an estate accounting, the different types of accounting (formal, informal, and an application for leave to dispense with passing) and the information that must be included in them.  The author also briefly reviews the relevant provisions of the Powers of Attorney Act related to an attorney’s duty to account, and the consequences for the PR that fails to properly account.  The attached schedules include a sample estate accounting and sample formal application documents.
    This paper is part of a collection presented at LESA’s Estate Accounting program in September/October, 2015.
  • 61963.04

    Issues before the Courts

    $35.00
    Personal representatives should be encouraged to apply for court approval of decisions that could be challenged, and to settle issues or potential issues between interested parties in a timely manner.  This paper discusses applications for court approval and advice and directions, citing relevant case law.  The author also discusses mismanagement issues, applications to remove personal representatives, and passing accounts relating to PR and lawyer compensation.
    This paper is part of a collection presented at LESA’s Estate Accounting seminar in September/October, 2015.
     
  • 61963.01

    Duty to Account: Personal Representatives and Attorneys

    $35.00
    This author discusses the origin and scope of the duty to account imposed on personal representatives and lawyers acting under powers of attorney.  She also explores the difference between formal and informal accounting, and related issues surrounding discharge.
    This paper is part of a collection presented at LESA’s Estate Accounting program in September/October, 2015.
  • 61932.14

    An Update on Costs: Spinning the Wheel of Fortune in Family Feuds

    $65.00
    These authors offer a discussion on the costs decisions involved in recent estate litigation in Alberta, noting some interesting judicial commentary and trends.  A main theme is that, to avoid client costs liability, practitioners must pause at every turn to consider whether a client’s position continues to be reasonable. Attached are valuable scenarios relating to various applications under the Surrogate Rules and the Wills and Succession Act. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
  • 61932.13

    Rectification and Validation of Wills and Codicils

    $35.00
    The Wills and Succession Act introduced major changes to the law in Alberta relating to the courts’ authority to validate wills or gifts that would have failed under the former legislation, and to rectify errors. This paper examines the new legislation and some of the court decisions that have considered it, along with decisions from other provinces with similar legislation. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
  • 61932.11

    Duties of Attorneys and Agents

    $35.00
    This paper discusses the nature and scope of an attorney’s duties under an enduring power of attorney acting for an incapable person, and also those of an agent under a personal directive in Alberta. It includes case law and legislative references, and provides practical advice for practitioners helping attorneys and agents with concerns relating to an incapable adult’s representatives and decision-makers. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
  • 61932.10

    The Adult Guardianship and Trusteeship Act: What Have We Learned?

    $35.00
    The Adult Guardianship and Trusteeship Act has been in force in Alberta for 5 years. In this paper, a member of the Office of the Public Guardian and Trustee provides an overview of what we have learned over those 5 years. The author looks at the application options available under the Act, and includes a few “takeaways” that practitioners can incorporate into their practices to master the application process, limit delay and obtain the orders clients want. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
  • 61932.09

    Lear Redux: Capacity Litigation in the Twenty-First Century

    $65.00
    Inspired by Shakespeare’s King Lear, these authors consider that the factual matrix of the play seems like a capacity litigation file gone horribly wrong. With that backdrop, the authors discuss when a capacity assessment can be compelled, the proper scope of the evidentiary record in capacity litigation and whether retrospective assessments are of any value. Precedent correspondence to an assessing doctor are attached. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
  • 61932.08

    Challenging Inter Vivos Wealth Transfers

    $65.00
    Inter vivos asset transfers occur for a variety of reasons, ranging from legitimate wealth transfers to achieve an estate planning objective to transactions motivated by less noble objectives. This 36-page paper outlines some of the challenges available to spouses and other parties that take issue with these voluntary asset transfers. Specific topics include:  the requirements of an inter vivos gift, issues surrounding the requisite intent, common law presumptions, undue influence and available challenges to a transfer. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.
  • 61932.07

    Limitation Dates for Wills and Estates Claims and Actions

    $35.00
    This author provides a general overview of the limitation periods affecting wills and estates claims and actions.  It is intended as a practical starting point and reference guide for practitioners working in this area. It offers guidance on general limitation periods, and those imposed under wills and estates legislation, augmented with supporting case law. This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.