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There are many situations in which a gift under a will cannot be given, meaning the beneficiary cannot get what the will intends to give them. This can include when a specific gift no longer exists or is no longer owned by the testator, when the assets of the estate are insufficient to settle all legacies, and when the intended beneficiary dies before the testator. Situations where a gift fails are complicated and frustrating for executors and beneficiaries but can often be avoided. This webinar with experienced estates practitioner Lynne Butler will answer the question, what happens if a gift made in a will can’t take effect? Lynne will address...Read More
Most estate planning lawyers will eventually work with a client who is at the end of their life. For clients who have put off preparing or updating their estate plan, a last-minute call raises unique client counseling, drafting and ethical issues. This program with noted estates lawyer Justin de Vries will provide practical guidance for estate planning lawyers who are faced with a deathbed will scenario. Part one will cover near-death decisions and common wealth transfer scenarios like inter vivos gifts, real property transfers, and changing beneficial designations, as well as standards of capacity and types of undue influence involved in assessing a client’s unique circumstances. Part two will address...Read More
Every litigator knows that depositions can make or break a case. The answers you get from a witness often increase the likelihood of winning your case or push the opposing party towards settlement. But what happens when you meet a witness whose sole task is to test your patience and skill? The ability to effectively deal with these witnesses is what separates a great litigator from a good one. This highly practical, focused presentation with experienced litigator Michael Lesage will show you how to stay in control and get the information you need from difficult witnesses. Drawing on personal experiences and publicly available transcripts, Michael will address...Read More
We interact with digital assets hundreds of times a day - from the photos and videos stored on our smartphones and computers to our social media accounts and downloaded music. Some of these assets add significant financial value to our estate while others have purely sentimental value, but all can easily slip through the cracks. Do you have the knowledge to ensure your client’s digital assets are managed in accordance with their wishes? This 90-minute webinar with experienced estates lawyer Charlotte McCurdy will explain...Read More
Done well, workplace investigations can be an organization's most effective risk mitigation tool. But mishandled, workplace investigations can leave companies and their investigators on precariously thin ice. From substantive problems like investigator bias to procedural flaws like failing to act quickly, probes intended to provide answers can instead raise more questions, undermine employment relationships, and expose organizations to expensive litigation and public relations disasters. This program with experienced labour and employment law lawyer and workplace investigator Loretta Bouwmeester, KC, goes beyond the “how-to” of workplace investigations to address...Read More
Testamentary plans usually assume that a domestic contract is effective, leaving the testator free to dispose of any portion of their estate that is not otherwise encumbered by the terms of an agreement. However, as with most legal issues, there is no certainty that these contracts will be upheld. Judicial consideration has shown that domestic contracts are vulnerable to being set aside or varied in the future, where equity can be argued. So, what can drafting lawyers do to help ensure a testator’s wishes have the intended effected? This presentation by experienced wills and estates and family law mediator and litigator Gary Kirk will provide prophylactic steps to help...Read More
Are you new to trusts or looking to refresh your understanding of how trusts are used in practice? Join noted trusts and estates practitioner Richard Niedermayer for this practical, introductory-level dive into the what, why, when and how of trusts. Richard will translate complex trust concepts into simple, understandable terms, making it easier for you to see how trusts can help support your clients’ estate planning goals. You will: get to know the key types of trusts and their role in estate planning, learn how to use trusts to meet diverse client needs, including protecting family assets and managing estate taxes...Read More
Will drafting errors are the single most common issue in claims against lawyers practicing in the wills and estates area. Many of these claims stem from mistakes that are only discovered when the Will is brought forward in connection with the administration of the estate. Sadly, most of these Will drafting errors could have been prevented. In this webinar, experienced estates litigation lawyer and defence and repair counsel Jenny Bogod explains how lawyers who draft Wills can limit their potential claims exposure by implementing fulsome procedures for Will drafting and execution. Following these best practices will assist you not only in avoiding malpractice claims, but...Read More
Are you familiar with estate freezes but looking for a clearer understanding of how they work in practice? In this beginner-level seminar, noted trust and estate practitioner and CPA Jos Herman will outline the what, when, why and how of this important estate planning strategy – and why you should care. In basic terms and using simple fact scenarios, Jos will outline how estate freezes are used, when it’s appropriate to use an estate freeze, the different forms an estate freeze can take, and the challenges involved in planning and implementing an estate freeze. Finally, Jos will share important considerations for once an estate freeze is in place. Along the way...Read More
Multiple wills are an established estate planning strategy. Useful for a number of objectives, they often appeal to business owners, owners of foreign real estate, and individuals seeking additional privacy. While multiple wills may seem like a simple solution to some testamentary issues, there are important factors involved in weighing whether multiple wills are the right solution for individual clients. In addition, lawyers who prepare these documents must carefully draft them, with proper consideration of local laws, to avoid unintended and serious consequences. This program is designed to help you decide when to recommend multiple wills to a client...Read More
Wills and estates practitioners – as well as other professionals involved in the estate planning process – can take many different steps throughout the planning process to limit the likelihood of a successful challenge to an estate plan and/or a testamentary document. While litigation cannot be completely avoided, the risks inherent in estate planning transactions can be significantly reduced by taking some relatively simple steps at the front end. In this webinar, experienced estates litigator David Hunter will discuss three of the most litigated issues in estate litigation - testamentary capacity, undue influence, and gifts by right of survivorship. Drawing on recent cases and examples from his own practice...Read More
