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OC-62409-1$95.00 – $445.00Price range: $95.00 through $445.00Estate lawyers need to know the various relationships in the life of a deceased and which may give rise to obligations on the estate. In addition, in giving advice to survivors, estate lawyers need to know the basics of family law, particularly property division under the Family Property Act, so that the surviving spouse or adult interdependent partner does not miss out on a potential claim. This on-demand program discusses the interplay between family law and wills and estates law. This on-demand program was originally presented as an in-person program titled The Next Level: Elevating Your Practice in Estate Litigation on April 25, 2024. Total running time is 56 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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61963.04Personal 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.
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61932.09Inspired 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.
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OC-62248-7Review common and unique issues that arise with the rule against perpetuities with renowned subject matter expert and LESA's Refresher 2022 Keynote Speaker, Professor Albert Oosterhoff. This complimentary on-demand program was originally presented as an in-person session on May 1, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 35 minutes.
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62248.12This paper outlines the development of law in this area, starting with the seminal case of Pecore v Pecore, up to an including the recent Alberta Queen’s Bench decision in Roberts v Roberts. This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.
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61932.07This 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.
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62248.05This paper discusses the application of the Alberta Limitations Act to estate litigation generally. Specifically it addresses claims to which the Act does not apply and explores situations in which a claimant is a person under disability, where a claimant is a minor, and where a plaintiff is the Personal Representative. The paper also provides examples of the application of the discoverability rule in recent Alberta estate cases. This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.
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OC-61991-04$95.00 – $445.00Price range: $95.00 through $445.00In this presentation, Jared Kantor discusses the duties of an attorney and identifies common abuses of enduring powers of attorney and how to deal with them. This on-demand program was originally presented as an in-person program in April 2016.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62243-04$95.00 – $445.00Price range: $95.00 through $445.00Examining the provisions of the Wills and Succession Act, this on-demand program explores issues that lawyers should be aware of when advising clients when FMS issues are present. It also considers factors when advancing an FMS application and defending a will from an FMS claim. Lastly, it reviews recent Alberta cases dealing with costs in FMS matters. Total running time is 1 hour, 17 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62248-2$95.00 – $445.00Price range: $95.00 through $445.00Explore topics related to managing the court process in estate litigation through this in-depth panel discussion. This on-demand program was originally presented as an in-person session on April 30, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 1 hour, 8 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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61865.02This paper specifically addresses non-family lawyers who require an introduction to matrimonial property law, particularly in respect to how “exempt” property is identified and treated by the Matrimonial Property Act and the resulting case law. Case summaries for relevant case law is included. This paper was presented at LESA's Matrimonial Property Law for Wills & Estates Practitioners program held in February 2013.
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62026.04This paper focuses on family trusts. It provides background information on what they are, how they are created, and why they are created. It also discusses ways to pierce a trust to bring its property back under the matrimonial property regime, including revocation, the Statute of Elizabeth, fraudulent conveyances, and the doctrine of unjust enrichment. Steps to take to preserve a trust are also discussed, as well as limitations, laches, and acquiescence. Finally, future trends in trust litigation are highlighted. This paper is part of a collection presented at LESA’s Matrimonial Property 2017 program held in Edmonton on February 14, 2017 and in Calgary on February 22, 2017.
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