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  • 62113.03

    Child and Spousal Support Obligations in the Estate Planning Context

    $65.00
    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.
    Minus Quantity- Plus Quantity+
  • 62272.02

    Client Intake Form, List of Information Needed, and Sample Spreadsheet

    $35.00
    These materials include a sample client intake form and list of information needed for matters involving represented adults. This paper is part of a collection presented at LESA’s AGTA for Legal Support Staff program in Edmonton on May 27, 2022.
    Minus Quantity- Plus Quantity+
  • 61895.04

    Common Court Applications – Tips from the Office of the Public Trustee

    $65.00
    This paper looks at some of the more common applications in estate litigation, including those for a review of a trusteeship order, for an accounting from a trustee or an attorney, naming or appointing a trustee, terminating an enduring power of attorney or securing a judgment against a trustee. The author also offers some tips to avoid litigation with the Office of the Public Trustee. Precedents attached. This paper was presented at LESA's Estate Litigation program in February 2014.
    Minus Quantity- Plus Quantity+
  • 61991.03

    Common Problems for Donors and Attorneys

    $65.00
    Estate planning often includes preparing enduring powers of attorney [EPAs], but without careful planning and consideration, problems can result. This paper reviews common problems encountered in EPAs, both in the context of case law and the author’s personal experiences. In particular, the role of the attorney is considered, including issues surrounding the duty to account, capacity, removing an attorney, among others. As well, calculating compensation for attorneys is discussed. A basic precedent EPA is included as an appendix, along with suggested paragraphs with respect to an attorney’s duties to account. This paper is part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.  
    Minus Quantity- Plus Quantity+
  • 62063.01

    Common Sense Should Be Common with Respect to Grants — Even the Unusual Ones

    $65.00
    This paper provides an overview of grants of probate and grants of administration. The first part of the paper discusses grants that are limited to part of the deceased’s property, including grants of administration of unadministered property, grants of re-sealed probate/administration with respect to Alberta property, grants of administration limited to specific property, and ancillary grants. The second part of the paper addresses applying for a grant with a power of attorney, applying for expedited grants, validating non-compliant wills or gifts, and using caveats. The paper includes a number of samples and precedents related to grant applications. These include an application for a grant of probate, an application for a grant of administration, an application for a grant of re-sealed probate, a surrogate checklist, protocols for expedited applications in Edmonton and Calgary, and a list of common errors and problems when applying for grants. This paper is part of a collection presented at LESA’s Effective Legal Support: Wills and Estates program in Edmonton on November 15, 2017 and in Calgary on November 22, 2017.
    Minus Quantity- Plus Quantity+
  • 62248.22

    Common Themes in Family Maintenance and Support Jurisprudence

    $65.00
    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.
    Minus Quantity- Plus Quantity+
  • 62316.02

    Concordance

    $35.00
    This detailed concordance links sections of the new Trustee Act (in force as of February 1, 2023) with similar provisions in the former Trustee Act, the Uniform Trustee Act, and the Alberta Law Reform Institute recommendations. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.
    Minus Quantity- Plus Quantity+
  • 62492.01

    Contentious Estate Matters: Tips for Preparing Materials

    $65.00
    This paper provides an introductory review of common estate litigation matters, including the preparation of materials and overall file management. It also explores a number of precedents that can be used as you encounter each of these issues. This paper was presented at LESA’s Effective Legal Support: Contentious Estate Matters webinar on March 4, 2025.
    Minus Quantity- Plus Quantity+
  • 62042.20

    Contractually Supported Wills – Restrictions on Testamentary Freedom

    $65.00
    This paper examines a number of tools and strategies available to estate planning lawyers who often deal with increasingly complex family structures and situations. Specific focus is given to the Contractually Supported Will [CSW], and various precedents and hypothetical situations related to CSWs are provided. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.  
    Minus Quantity- Plus Quantity+
  • 61969.04

    Costs (in estate litigation)

    $35.00
    This paper represents an overview of the current state of Alberta law relating to costs in estate litigation.  The authors include an examination of the cases that have helped to form the current Alberta law and how the courts are applying those cases.
    This paper is part of a collection presented at LESA’s Top Wills & Estates Law Cases program in October and November, 2015.
    Minus Quantity- Plus Quantity+
  • 62103.06

    Costs in Estate Litigation

    $65.00
    This paper discusses costs in estate litigation in Alberta. It first considers the general rules for costs in litigation, and then focuses on costs principles unique to estate litigation. It also reviews recent case law on estate litigation costs in Alberta. This paper is part of a collection presented at LESA’s Contentious Matters in Wills and Estates program in Edmonton on November 7, 2018 and in Calgary on November 15, 2018.  
    Minus Quantity- Plus Quantity+
  • 62248.08

    Costs: Whose Mess Is It Anyway?

    $65.00
    This 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.
    Minus Quantity- Plus Quantity+
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