Areas of Law
Content Type
Author
Find by author/faculty...
Date
  • Charitable gifts have tax consequences and benefits that are key to any financial and estate plan. This paper discusses charitable giving strategies and tips for best practices for estate planning practitioners. It provides a background on charitable tax incentive basics, including calculating the charitable donation tax credit, applying charitable donation tax rules to estates, cautionary notes, and example calculations. As well, this paper discusses practical issues and practice pointers for estate planning where a charity is a beneficiary. Finally, strategies and tips for increasing charitable gifts and client satisfaction are provided, along with a checklist for discussing charitable gifts with clients. This paper is part of a collection presented at LESA’s Estate Planning Essentials program in Calgary on October 20, 2016 and in Edmonton on October 27, 2016.
  • This paper discusses the use of inter vivos trusts and multiple wills by estate planning practitioners. Within the topic of inter vivos trusts, alter ego trusts and joint partner trusts are reviewed, including their benefits and drawbacks, and when they should be used. Considerations for how to settle a trust are also highlighted. Additionally, the benefits and disadvantages of using multiple wills as an estate planning tool are discussed. This paper also includes a list of top 10 estate planning tips. This paper is part of a collection presented at LESA’s Estate Planning Essentials program in Calgary on October 20, 2016 and in Edmonton on October 27, 2016.
  • This paper addresses some specific topics in estate planning and provides key considerations and practice tips for future planning. Topics discussed include: planning for minors and stepchildren; second spouses; disabled spouses; designated beneficiary assets; and digital assets. This paper is part of a collection presented at LESA’s Estate Planning Essentials program in Calgary on October 20, 2016 and in Edmonton on October 27, 2016.
  • In this paper, the author discusses the impact of the recent decision of Sparrowhawk v Zapoltinsky, 2012 ABQB 34 [Sparrowhawk] on minor injury claims. He suggests that while Sparrowhawk is regarded as a groundbreaking decision for plaintiff’s counsel, it is seen as merely persuasive but non-binding from the perspective of defendant’s counsel. The author also discusses the issue of videotaping certified medical examinations and provides an update on quantum. A must-read resource if you have questions about the minor injury cap. This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.  
  • This paper discusses the standard of competence required of practitioners in the context of condominium conveyancing. It focuses on the most important documents to review in re-sale condominium transactions so that lawyers can better advise and protect their clients’ interests with particular focus on the requirements for the Reserve Funds of a condominium corporation. This paper was drawn from materials presented at the Condominiums program held in May 2012.  
  • This paper navigates purchasing a condominium and comments on the importance of independent legal advice of the purchaser. The author highlights the key items to review in the purchase agreement, the condominium plan, and the by-laws when acting for a purchaser. Additionally, the paper examines some important matters to consider prior to closing. This paper was drawn from materials presented at the Condominiums program held in May 2012.  
  • This paper identifies the different types of condominiums used in Alberta, including building condominium plans, bare land condominium plans, and hybrid condominium plans. It then comments on the most notable features of each type and attaches samples of plans to illustrate those features. This paper was drawn from materials presented at the Condominiums program held in May 2012.
  • This paper articulates the various circumstances under which you may be retained to draft a pre-nuptual or cohabitation agreement. The author discusses the importance of the steps leading up to drafting and offers practical suggestions for how to protect yourself and your client in these types of deals. Appended to the paper are helpful drafting tips prepared for a previous LESA program. This paper was drawn from materials presented at the Cohabitation and Pre-Nuptial Agreements program held in May 2012.
  • This paper focuses on two aspects of pre-nuptual agreements, cohabitation agreements and minutes of settlement, namely giving independent advice and the impact of the amendments to the Wills and Succession Act as they relate to the Matrimonial Property Act. The author offers a list of best practices for giving independent legal advice and discusses some of the unanticipated pitfalls for lawyers and clients arising from the interaction of these two pieces of legislation. This paper was drawn from materials presented at the Cohabitation and Pre-Nuptial Agreements program held in May 2012.
  • This paper looks at the points of cohabitation and pre-nuptual agreements that are most vulnerable to being challenged and the