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62248.13This paper examines the law of unjust enrichment prior to the Family Property Act and contrasts it with how the law will likely evolve since the Act came into force. 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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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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62248.11Given the dynamics and complexity of many estate litigation matters, accurately documenting settlement negotiations is of the utmost importance. This paper provides an overview of the clauses that Alberta practitioners might consider when drafting their settlement agreements, along with brief explanations. It also includes a precedent settlement agreement and a drafting checklist. 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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62248.08This paper comprises three parts: (1) summaries of Alberta costs decisions from November 2018 to March 2022; (2) a summary of Schwartz Estate v Kwinter; and (3) a summary of costs decisions after Re Foote Estate from 2010 to 2018. 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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62248.07This paper provides an overview of sections 37-40 of the Wills and Succession Act, followed by a review of the relevant and recent case law that has shaped the use and application of these sections over the last decade since they came into effect. 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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62248.06This paper discusses three procedures for the determination of estates matters without trials: summary judgments, striking pleadings, and summary trials. It provides a comprehensive survey of Alberta-specific case law and legal principles. 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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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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62248.01This paper discusses issues that may arise in wills containing no-contest clauses. It explores when poorly drafted clauses may result in a finding that the clause breaches the rule against in terrorem provisions. The paper also examines the Alberta Court of Appeal’s 2019 decision in Mawhinney v Scobie to identify situations in which a no-contest clause is valid. 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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62235.02In the context of teachers’ pensions, this paper explores governing legislation, death benefits, relationship breakdown situations, and resources that are available to help lawyers and their clients. It also explores common administrative issues that lawyers may encounter when drafting family property orders and family property agreements. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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62235.01When parties are going through a relationship breakdown, two important questions emerge: (1) What is the value of the pension entitlement (i.e. pension asset) for purposes of the Family Property Act? and (2) What assets will the pension plan make available for the parties to use as part of the settlement of the pension asset? This paper explores answers to those questions, along with other considerations including options for making a pension division, recent changes to some pension plans in Alberta, divisions of pensions in pay, and mortality concerns. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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62243.04Author: Todd A. Shipley & Maya C. Gordon Examining the provisions of the Wills and Succession Act, this paper 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. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
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62243.03As a background to a discussion of sound and proper legal practices in taking will instructions as they relate to family maintenance and support (FMS) issues, it is useful to consider the duty of care and the standard of care of a reasonable solicitor in so doing. This paper discusses certain aspects of a solicitor’s duty and standard of care in taking will instructions where potential FMS claims may exist. This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.
