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  • Estate 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.
  • This 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.
  • This 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.
  • This 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.
  • This 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.
  • This 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.
  • Explore adult guardianships and trusteeships from start to finish. Get tips for managing represented adult matters, and learn key strategies to help set up guardians and trustees for success. This on-demand program was originally presented as an in-person program in February 2019. Total running time is 4 hours, 55 minutes.
  • This 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.
  • This 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.