Volunteer Profile

John E.S. Poyser

Tradition Law LLP Estates and Trusts

Upcoming Programs

On-Demand Programs

  • EPAs: Commonly Occurring Issues Part 1 (On-Demand)

    Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: a client, who is not yet incapacitated, needs or wants assistance/oversight in banking; a child calls and asserts that their parent wants a new POA; a client is unhappy with the person they have named as attorney; multiple concurrent powers of attorney; digital asset clauses in EPAs. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues.  Total running time is 1 hour, 5 minutes.

  • EPAs: Commonly Occurring Issues Part 2 (On-Demand)

    Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: the meaning of “joint and several”; gifting power in an EPA; whether an attorney should secure a copy of the will; basic advice for attorneys when taking over a donor’s affairs. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues.  Total running time is 50 minutes.

  • Wills: Commonly Occurring Issues Part 1 (On-Demand)

    Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: best practices for basic interviews when taking instructions for a will; whether you can/should draft an interim will; disinheriting children; will-makers suffering dementia/diminished capacity; requirements to double-check beneficiary designations. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 1 hour, 5 minutes.

  • Wills: Commonly Occurring Issues Part 2 (On-Demand)

    Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: personally owned versus corporately owned assets; drafting for gender neutrality, non-marital, adopted, step and ART created children; drafting a codicil versus new will embodying changes; whether you should request a copy of a client’s old will when drafting a new one; will-makers with a US connection. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 53 minutes.

  • Wills: Commonly Occurring Issues Part 4 (On-Demand)

    Certain issues regularly come up when dealing with powers of attorney. This on-demand program addresses the following issues with advice or comments on each and references to resources for further consideration: ‘no contest’ clauses in wills; dealing with insolvent estates; whether you can act for an attorney who turns into a beneficiary upon the donor’s death; dealing with memos left by a testator on a probate application; increasing fees for wills while maintaining happy clients. This on-demand program was originally presented on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. Total running time is 1 hour, 3 minutes.

  • Wills & EPAs – Commonly Occurring Issues (On-Demand)

    Certain issues regularly come up when dealing with wills and powers of attorney. These on-programs explore 25 of those issues with advice or comments on each and references to resources for further consideration. The format of these programs is breadth not depth and is designed for all levels of experience. These on-demand programs were originally presented as an in-person program on February 14, 2024 as part of Wills & EPAs – Commonly Occurring Issues. The total running time for each presentation ranges between 43 minutes and 1 hour, 5 minutes.

  • Capacity Issues in Commercial Matters (On-Demand)

    Capacity issues can arise in corporate and commercial settings as clients may, among other things, seek to sell or reorganize a business when faced with health challenges. These on-demand programs address capacity concerns that a commercial lawyer may encounter. These on-demand programs were originally broadcasted as a live webinar on September 12, 2023.

  • Capacity Issues in Commercial Matters: Managing a Client’s Declining Capacity (On-Demand)

    A client’s capacity can steeply diminish between the time they give instructions to their lawyer and the time they actually sign documents. This presentation explores strategies for effectively managing a client who is gradually losing capacity while a transaction or series of transactions is underway. This on-demand program was originally broadcasted as a live webinar on September 12, 2023. Total running time is 43 minutes.

  • The Impact of Delusions in Capacity Cases (On-Demand)

    A will, gift, or other juridical act is void if driven by a delusion as to fact, motive, or character. This presentation explores the legal and medical definitions of “delusions” and the respective impact. This on-demand program was originally broadcasted as a live webinar on June 1, 2023. Total running time is 1 hour.

  • The Impact of Alcohol on Legal Capacity (On-Demand)

    Alcohol impacts will making and gift giving in a variety of ways. This presentation outlines the legal test for testamentary capacity and examines the impacts of alcohol on testamentary capacity from the legal and medical perspectives. The presentation concludes with a panel discussion, which addresses common questions that arise with respect to the impact of alcohol on capacity. This on-demand program was originally broadcasted as a live webinar on April 25, 2023

  • After Estate Litigation (On-Demand)

    Explore topics in estate litigation such as settlement agreements, indemnities, costs, and PR compensation. This on-demand program was originally presented as an in-person session on April 30, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 49 minutes.

  • Claims and Proceedings in Estate Litigation (On-Demand)

    Explore topics related to claims and proceedings in estate litigation through this in-depth panel discussion. This on-demand program was originally presented as an in-person session on April 30, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 3 hours, 2 minutes.

  • Initial Considerations in Estate Litigation (On-Demand)

    Explore initial considerations in estate litigation through this panel discussion with esteemed subject matter experts in wills and estates. This on-demand program was originally presented as an in-person session on April 30, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 58 minutes.

  • Managing the Court Process in Estate Litigation (On-Demand)

    Explore topics related to managing the court process in estate litigation through this in-depth panel discussion. This on-demand program was originally presented as an in-person session on April 30, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 1 hour, 8 minutes.

  • LESA's Refresher 2022: Wills and Estates (On-Demand)

    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.

  • Managing Wills and Estates Matters (On-Demand)

    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.

  • Inter Vivos and Testamentary Undue Influence (On-Demand)

    Explore the difference in the law surrounding undue influence in inter vivos and testamentary situations. This on-demand program was originally broadcasted as a webinar on October 14, 2021. Total running time is 1 hour, 24 minutes.

  • Independent Legal Advice: Adjusting the Duty of Care to Different Transactions (On-Demand)

    The duty of care fluctuates from transaction to transaction when giving independent legal advice. Learn how to identify and set the obligation, and how to fix the commensurate fee. Explore how to sue lawyers who get it wrong. This on-demand program was originally broadcasted as a webinar on December 7, 2020. Total running time is 1 hour, 22 minutes.

  • Rules for Lapse and Other Failed Gifts (On-Demand)

    This presentation explores the rules for lapse and other failed gifts through an examination of ss. 32 and 33 of the Wills and Succession Act [WSA]. This on-demand program was originally presented as an in-person program in January 2019.

  • Tricky Sticky Wills and Codicils (On-Demand)

    This presentation is an overview of cases specifically dealing with ss. 22, 23, and 24 of the WSA, and explores the process of changing designated beneficiaries under plans after a will has been executed, including common pitfalls and what to watch for. It reviews the 3 Rs and 2 As, and analyzes the difference between revival and republication. This on-demand program was originally presented as an in-person program in January 2019.

  • Flawed EPAs and Diminished Clients (On-Demand)

    This presentation explores the unique world of managing EPAs on the grounds of capacity and undue influence. This on-demand program was originally presented as an in-person program in January 2019.

  • Non-Compliant Wills: When Scribbles on a Napkin May Actually be a Will (On-Demand)

    This presentation reviews relevant legislation and leading cases, and identify key factors as they relate to non-compliant wills. This on-demand program was originally presented as an in-person program in January 2019.

  • The Resistant Grantor: Best Practices and Ethical Considerations for Attorneys (On-Demand)

    In this presentation, participants learn to identify challenging issues for attorneys, and explore a variety of outcomes and dispute resolution tactics for those issues. They will also discuss conflicting Power of Attorney documents and ethical considerations (such as financial institutions) for third parties. This on-demand program was originally presented as an in-person program in January 2019.

  • Wills and EPAs: Commonly Occurring Issues (On-Demand)

    Analyze common issues and identify practical resolutions when dealing with wills and enduring powers of attorney. Explore lapsed and failed gifts, resistant grantors, flawed EPAs, wills and Codicils, and non-compliant wills. This on-demand program was originally presented as an in-person program in January 2019.

  • Acting for the Aging Client (On-Demand)

    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.

  • Attacking Wealth Transfers on the Basis of Lack of Capacity (On-Demand)

    In this presentation, Helen Ward discusses attacking wealth transfers on the basis of a lack of capacity. This on-demand program was originally presented as an in-person program in March 2017.

  • Capacity Assessment - Issues, Best Practice, and Undue Influence (On-Demand)

    In this presentation, Dr. Arlin Pachet discusses issues, best practices, and risks in capacity assessments. This on-demand program was originally presented as an in-person program in March 2017.

  • Capacity and Influence (On-Demand)

    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.

  • The Law of Undue Influence - Attacking Wealth Transfers (On-Demand)

    In this presentation, Kimberly Whaley discusses the nature and origin of the law of undue influence within the context of testamentary planning and inter vivos gifts. This on-demand program was originally presented as an in-person program in March 2017.

  • Undue Influence - Identify, Minimze the Risk, Document the File (On-Demand)

    In this presentation, Stan Rule discusses how to identify and minimize the risk of undue influence, and how to deal with red flags and document a file. This on-demand program was originally presented as an in-person program in March 2017.

Papers

  • Acting for Partially Capacitated Litigants

    Estate litigation often involves clients with diminished capacity. This paper addresses the question, “How does the lawyer properly deport him or herself when approached by the aging client who wants to retain the lawyer to represent them?” 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.

  • What is Old is New

    This paper examines old and new case law for each of the following doctrines: Unconscionable Procurement, Equitable Fraud, Testamentary Fraud, and The Doctrine of Righteousness. 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

  • Giving Proper Independent Legal Advice: Standards of Care Shifting with Importance to the Client

    This paper is complimentary.

  • Challenging Power of Attorney Documents and Acting for Partially Capacitated Donors

    This paper reviews the test for capacity for enduring powers of attorney, and discusses issues of intention, coercion and duress, and undue influence. It also considers challenges for lawyers representing a partially capacitated donor, including issues related to retainers, instructions, ethical considerations, and payment of legal fees. This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.  

Past Programs

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