Unique ethical considerations arise for wills and estates practitioners working with elderly clients. Through examination of three scenarios, this presentation explores common issues in the estate planning process for aging clients, red flags practitioners should be aware of, and effective strategies to ensure that lawyers meet their ethical obligations. This on-demand program was originally broadcasted as a live webinar on October 12, 2023. Total running time is 1 hour, 7 minutes.

The new Trustee Act provides significant direction on modern trust issues, establishes trustee’s powers and duties, describes the court’s authority, and is drafted to ensure that trusts function appropriately. This presentation assists both the lawyer and the trustee in adherence to best practices under the new legislation relating to the standard of care, conflicts, reporting, and compensation.

The revamped Trustee Act came into force on February 1, 2023. Lawyers practicing in wills and estates will need to understand the impacts of the new legislation and how it affects their own practices and their clients. Topics addressed in this webinar include: the pre-eminence of the trust instrument and the settlor’s intent (including use of extrinsic evidence), variation of trusts, temporary trustees, and principles of good trusteeship in light of the new Act.

Analyze your time and/or your staff’s time, and identify processes that can be standardized, thereby leading to more time to create quality documents, lasting clients, and perhaps making more money. This on-demand program was originally presented as an in-person session on April 29, 2022, as part of our Managing Wills and Estates Matters program. Total running time is 47 minutes.

Explore in-depth issues relating to wills, estate planning, estate administration, and estate litigation. This on-demand program was originally presented as an in-person program from April 30 to May 2, 2022. Each presentation in this program is available for individual purchase.

Explore in-depth issues relating to estate planning and estate administration. This on-demand program was originally presented as an in-person program on April 29, 2022. Total running time for each presentation is approximately 45 minutes. Each presentation in this program is available for individual purchase.

This presentation provides information on dispute resolution in adult guardianship and trusteeship including using interest-based negotiation and mediation in a way that respects the wishes, values, and beliefs of the represented adult. It also provides considerations to make when drafting resolution documents. This on-demand program was originally presented as an in-person program in February 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.

Explore effective estate planning strategies for average wealth clients. Discuss using trusts and beneficiary designations, planning for dependent children and complex family situations, dealing with charitable gifts and unusual assets, and preparing personal directives and powers of attorney. Learn tips for navigating risk management issues in estate planning and managing client expectations. This on-demand program was originally presented as an in-person program in November 2017.

In this presentation, Shelley E. Waite presents the process of estate planning for dependent children from the interview process, Family Maintenance and Support Provisions, planning structures such as trusts, and other considerations such as government benefits, exempt assets, and court appointments. This on-demand program was originally presented as an in-person program in November 2017.

In this presentation, Shelley Waite discusses acting for the aging client, including applying the legal test for capacity, conducting medical capacity tests, and dealing with undue influence. This on-demand program was originally presented as an in-person program in March 2017.

Learn the law governing attacks based on suggestions of capacity and undue influence. Devise techniques for assessing and addressing scenarios such as transfer of a house when the house comprises the largest asset, last-minute wills favouring one child over other siblings, and more. This on-demand program was originally presented as an in-person program in March 2017.

Unique ethical considerations arise for wills and estates practitioners working with elderly clients. This paper explores common issues in the estate planning process for aging clients, red flags practitioners should be aware of, and effective strategies to ensure that lawyers meet their ethical obligations. This paper was presented at LESA’s Estate Planning Essentials for Elderly Clients webinar on October 12, 2023.

The new Trustee Act provides significant direction on modern trust issues, establishes trustee’s powers and duties, describes the court’s authority, and is drafted to ensure that trusts function appropriately. This paper assists both the lawyer and the trustee in adherence to best practices under the new legislation relating to the standard of care, conflicts, accounting, and compensation. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.

This paper encourages readers to analyze their time and/or their staff’s time, and identify processes that can be standardized, thereby leading to more time to create quality documents, lasting clients, and perhaps making more money. This paper is part of a collection presented at LESA’s Managing Wills and Estates Matters program in Banff on April 29, 2022.

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 provides considerations and suggestions for estate planning when a client has a dependent adult child. It includes a discussion of family maintenance and support provisions and registered disability savings plans, and highlights various forms of trusts, including AISH compliant trusts and group trusts. The paper includes sample provisions related to AISH trusts, RRSPs, RDSPs, and guardianship of a dependent adult child. This paper is part of a collection presented at LESA’s Estate Planning for the Average Wealth Client program in Edmonton on November 29, 2017 and in Calgary on December 6, 2017.  

This paper provides tips for solicitors acting for an aging client in estate planning matters. Topics discussed include identifying the client, running the meeting, setting expectations, using checklists, and potential red flags. Additionally, the legal test for capacity is reviewed, and tips for assessing capacity are provided, such as note-taking, having the client summarize his or her intentions, using checklists, and creating a testamentary capacity list of questions. Other capacity tests for powers of attorney and personal directives are also highlighted, and the utility of having a medical assessment of testamentary capacity is considered. The paper also provides tips and cautions for undue influence and joint retainers. This paper is part of a collection presented at LESA’s Capacity and Influence program held in Edmonton on March 1, 2017 and in Calgary on March 8, 2017.