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62140.02This list, from a retired Court of Queen’s Bench Justice, provides a brief overview of best practices that wills and estates practitioners should consider implementing to avoid getting sued for negligence. The list enumerates 10 important tips for both drafting wills and acting for executors. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.
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62107.02This paper explores the legal assistant’s role in screening, coordinating appointments, collecting information, and preparing applications for non-contentious estate matters. It discusses frequently used NC Forms and related considerations, including notices to be served, service of documents, and submitting documents to court. This paper provides information and tips to assist with completing NC Forms, including a sample information collection form and sample NC Forms with additional precedent information and instructions noted in coloured text. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.
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62107.01This paper covers three main topics. First, it reviews formal proof of will processes, including considerations for filing caveats, notices of objection, and applications. Second, it discusses issuing notices and claims under the Matrimonial Property Act and Wills and Succession Act as well as related procedural requirements. Third, it considers court applications for advice and direction. Practical discussion of materials preparation and file management occurs throughout, providing tips for effective information gathering procedures. This paper also includes precedents for documents commonly filed in applications for family maintenance and support, proving formal validity of a will, and seeking advice and directions. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.
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62113.06Estate litigation and family law frequently intersect. This paper considers several family-related issues that commonly arise in estate matters, with reference to key legislation and case law. It discusses family home considerations and allowances following a testator’s death. It also considers the proper maintenance and support of certain individuals following a testator’s death. Additionally, the paper examines unjust enrichment claims in estate matters. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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62113.05This paper discusses common issues that arise from a failure to update estate planning documents following separation or divorce. In particular, the implications for wills and powers of attorney following a relationship breakdown are discussed. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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62113.04This paper reviews recent case law to consider whether support obligations in separation agreements can be secured by a payor’s life insurance upon death. It provides practice pointers and discusses how to best secure child and spousal support payments for clients. The paper also includes sample clauses that address support obligations in separation agreements and other common issues in estate litigation. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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62113.03This paper considers child and spousal support obligations in estate planning. It first provides an overview of child support and spousal support basics, including the applicable legislation and other considerations. Next, it discusses what happens when a payor or a recipient dies, and highlights recent Alberta cases that deal with support obligations in estate matters. Finally, the paper identifies specific questions to ask clients regarding support obligations to properly address child and spousal support in estate planning. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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62113.02This paper considers how family law matters can affect the taxation of an estate and discusses common tax considerations when planning for death or incapacity. It provides an overview of federal and provincial taxes, and offers will-drafting tips to mitigate taxation on death. Tips and traps are highlighted for various aspects of estate planning, including bequests to spouses, adult interdependent partners, and children, roll-overs, and RRSP and RRIF beneficiary designations in wills. A sample client interview checklist and sample will clauses are included. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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62113.01This paper considers the confluence of family law and wills and estates law. It provides strategies for estate practitioners to employ to better advise clients with family law considerations in estate planning. It reviews relationships that give rise to legal obligations in estate planning, and discusses the implications of those relationships in the estate context. It also highlights case law that deals with adult interdependent relationships, dower rights, matrimonial property orders, and revocation of wills. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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62111.05This paper explores creative solutions to conflicts in adult guardianship and trusteeship matters in order to avoid court. It discusses the application of interest based mediation and how to respectfully consider the wishes, values, and beliefs of the representation adult. It also highlights considerations for drafting resolution documents. Two case studies are included to illustrate the advantages of alternative dispute resolution. This paper is part of a collection presented at LESA’s Adult Guardianship & Trusteeship Fundamentals program in 2019.
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62111.03This paper discusses the authority and the duties of guardians and trustees within the framework of the Adult Guardianship and Trusteeship Act and its regulations. The first part of the paper discusses drafting considerations when applying to appoint a guardian and trustee. The second part reviews steps to be taken once a guardian or trustee has been appointed, and how to help the guardian or trustee be successful in his or her role. The paper includes a sample order of appointment of a guardian and trustee, a sample reporting letting to guardians and trustees, and resources for newly appointed guardians and trustees. This paper is part of a collection presented at LESA’s Adult Guardianship & Trusteeship Fundamentals program in 2019.
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62111.01This paper provides suggestions for conducting effective and empathetic client interviews in guardianship and trusteeship matters. It discusses the components of the initial interview, including reviewing existing legal documents, dealing with family members, and obtaining capacity assessment reports. It also reviews alternatives to full guardianship and trusteeship, AISH considerations, and referrals to the Office of the Public Guardian and Trustee. This paper is part of a collection presented at LESA’s Adult Guardianship & Trusteeship Fundamentals program in 2019.
