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This paper provides a few practical tips related to the steps a lawyer dealing with a wills and estates case should take in order to minimize the consequences of litigation. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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The paper discusses the usefulness of litigation plans in the context of contentious surrogate matters, especially dealing with formal proof of a will. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper reviews capacity assessments under the Adult Guardianship and Trusteeship Act [AGTA] and the role of the review officer. It also includes a discussion of the protective measures and the specific decision making and emergency health care provisions under the AGTA. Finally, the paper ends with an overview of how the AGTA has been implemented so far. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper focuses specifically on trusteeships while describing the similarities between the Adult Guardianship and Trusteeship Act and the old Dependent Adults Act. It also provides a guide to making several trustee court applications. Precedents for an urgent application, a discharge attorney and appoint trustee application, and a limited trustee application are included. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper uses the author's personal experience to provide some practical tips on filling out the forms for personal matter applications required by the Adult Guardianship and Trusteeship Act. Precedent forms, as well as a flowchart of the court application process, are included as schedules to the paper. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper provides a description of both Registered Disability Savings Plans (RDSPs) and Registered Education Savings Plans (RESPs). It also includes an overview of the differences between these plans and practical tips on how they should be used by estate practitioners. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper discusses when a limitation period under the Limitations Act will not be applicable in the context of claims by and against a deceased's estate. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper discusses issues of trustee liability. Within that discussion, the author first deals with Alberta's Prudent Investor Rules and then with a more detailed analysis of the tax consequences that a trustee should address. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper discusses the various duties of personal representatives, which flow from the fiduciary nature of their positions. Personal representatives include trustees, executives, and attorneys. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.
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This paper provides an overview of some of the tax issues that may arise in the course of the administration or probate of an estate when Canadian residents own U.S. property. Issues discussed include the U.S. transfer tax and the disposition of U.S. situs property on death. This paper was presented at the Wills & Estates' 44th Annual Refresher in 2011.