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62243.02There is a very fine line between testamentary freedom and an individual’s legal and moral obligations and responsibility to support those they leave behind, after death. Understanding the risks of post-death support claims is an important consideration for any lawyer in advising clients on their testamentary matters and structuring their related documents and agreements. This paper reviews how a spouse or Adult Interdependent Partner is defined for family maintenance and support claims purposes under the Wills and Succession Act. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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62243.01The purpose of this paper is to review Family Maintenance and Support (“FMS”) claims for those wills and estates practitioners who are in the early years of practice or for those looking for a refresher on the basics in this area of the law. The paper will provide an overview of the legislation and touch on various procedural issues involved in bringing or defending an FMS claim. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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OC-62240Explore the difference in the law surrounding undue influence in inter vivos and testamentary situations. This on-demand program was originally broadcasted as a webinar on October 14, 2021. Total running time is 1 hour, 24 minutes.
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OC-62236Identify, unpack, and intervene in systemic racism within legal institutions and your own practice. Moving beyond a diversity and inclusion lens, this session encourages members of the legal community to develop an anti-racist framework. This on-demand program was originally broadcasted as a webinar on September 9, 2021. Total running time is 1 hour, 54 minutes. This on-demand program is complimentary.
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62192.03Most clients do not fully understand how income tax will affect their estate and are relying on their advisors in this regard. This paper looks at the basic concepts relating to taxation at the time of death. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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62192.02This paper looks at the intake process from the pre-meeting communication and logistics, to the initial assessments of capacity, to the discussion of detailed substantive information needed to move on to the drafting of estate planning documents. It provides worthwhile reminders and practical takeaways. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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62192.01Familiarity with the language typically used in wills can lead to complacency and a lack of consideration of circumstances where changes to the usual forms might be warranted. This paper considers some of the issues that arise in the context of drafting wills. While not exhaustive, it is intended to provide a starting point for lawyers who may be new to estate planning or who do not regularly practice in this area. This paper was presented at LESA’s Estate Planning Fundamentals webinar on December 4, 2020.
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62212.03Estate litigation has unique nuances. This paper explores applicable legislation and rules that address who can be properly added as a party to estate litigation, who might have standing to participate, how litigation representatives need to function, and potential conflicts of interest that might exist. This paper was presented at LESA’s Civil Litigation Series webinar on February 4, 2021.
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OC-62225Join innovative thought-leaders and organizations in law to learn the current state of technology. Consider the impact of technological developments and what the future might bring to Alberta’s legal community. This on-demand series was originally broadcasted as webinars from May – June, 2021. Each session is approximately 1.5 hours.
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OC-62225-6Consider the rules in Canada and abroad and how a digital wills framework needs to address privacy, security, and the data retention needs of testators. This on-demand program was originally broadcasted as a webinar as part of our Alberta Legal Technology Conference on June 3, 2021. Total running time is 1 hour, 17 minutes.
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61867.04This paper discusses how to draft to keep property out of the estate, and draft inter vivos and testamentary trusts for the next generation. This paper was presented at LESA's Drafting Wills program held in March, 2013.
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61867.02This paper discusses how and when to bind spouses contractually to their wills and go beyond the mutual will contract. This paper was presented at LESA's Drafting Wills program held in March, 2013.
