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  • 62247.02
    $35.00
    This paper serves as a practical guide for wills and estates practitioners through a series of principles that should inform good drafting. Starting with a discussion of the role and responsibilities of a drafting solicitor, it examines the use of precedents, drafting tips, covering “what ifs”, and more. It also considers what to do when clients give instructions that a lawyer can foresee will lead to issues. This paper is part of a collection presented at LESA’s Managing Wills and Estates Matters program in Banff on April 29, 2022.
  • 62247.01
    Using the author’s experiences over the years, this paper considers best practices in an estate administration practice. This paper is part of a collection presented at LESA’s Managing Wills and Estates Matters program in Banff on April 29, 2022.
  • 62248.26
    Many donors or potential donors report that their advisors have not had meaningful discussions with them about their charitable goals. This paper considers information and perspectives to assist lawyers’ conversations with their clients, leading to better conversations, more purposeful choices, and enhanced client relationships. 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.
  • 62248.25
    This paper provides a general overview of the current AISH legislation, followed by a discussion of a number of planning options and income tax issues to be considered in a variety of circumstances 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.
  • 62248.24
    This paper provides an overview of will substitutes and takes a broader look at their respective pros, cons, and quirks as they come up in practice. 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.
  • 62248.23
    This paper provides an analysis of the factors that a solicitor must consider when advising a client on business succession planning. It examines the solicitor’s role in identifying goals & objectives, identifying issues and extenuating circumstances, and choosing a business succession team. 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.
  • 62248.22
    This paper provides a brief overview of the Family Maintenance and Support (FMS) regime in Alberta. Canvassing a number of recent cases, it reviews the legislative and common law factors that govern FMS claims and courts’ application and interpretation of those factors. The paper identifies common themes that emerge from the cases to enable practitioners seeking to advance or defend an FMS claim on behalf of their clients. 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.
  • 62248.21
    When advising clients on spousal or partner support, family lawyers must consider three substantive factors: entitlement, quantum, and duration. This paper considers the interplay between spousal support and a claim for maintenance and support under the Wills and Successions Act. 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.
  • 62248.20
    Acting for clients who appear to suffer from diminished mental capacity can raise complex ethical issues for lawyers. Looking at cases from across Canada, with an emphasis on Alberta case law and legislation, this paper provides an overview of decisional capacity. It also addresses decisional capacity issues arising in the wills, estates, and elder law context. 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.
  • 62248.18
    Estate litigation often involves clients with diminished capacity. This paper addresses the question, “How does the lawyer properly deport him or herself when approached by the aging client who wants to retain the lawyer to represent them?” 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.
  • 62248.17
    This paper examines old and new case law for each of the following doctrines: Unconscionable Procurement, Equitable Fraud, Testamentary Fraud, and The Doctrine of Righteousness. 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
  • 62248.14
    In Alberta, except where a power to revoke or vary has been reserved, a trust cannot be varied before its expiration without approval of the Court of Queen’s Bench. This paper looks at the circumstances when the Court may or may not do so. 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.