ARCHIVED VIDEO STREAM
This is the archived version of a program presented on September 27, 2012. This will not become available until 2 weeks after the orginal program date. To order this format please click on the "REGISTER NOW" button.
The preparation of a Will or development of an estate plan requires proper knowledge of various areas of law, such as family law and real estate, as well as an understanding of taxes that will affect the administration of an estate, such as Estate Administration Tax and Income Tax. Wills must be carefully drafted and estate plans carefully prepared, to ensure that the intention of the client will ultimately be fulfilled. The presenters will provide a brief overview of issues such as common will drafting errors, use of testamentary trusts in an estate plan, and determining whether a client has the legal capacity to provide instructions. This video is a must for anyone starting a Wills and Estates practice, or for an experienced practitioner wishing to brush up on these essential matters.
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Program Chairs:
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Chris Markou, Lawrence, Lawrence, Stevenson LLP
Susannah B. Roth, O’Sullivan Estate Lawyers
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The Initial Client Meeting: Practice Issues – Before the Meeting
- Preparing for the meeting
- Use of checklists and other materials
- How much should I charge and when should I advise the client of the fee?
Mary L. MacGregor, Dickson MacGregor Appell LLP
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The Initial Client Meeting: Practice Issues – During the Meeting
- Meeting with spouses – joint retainer issues
- Undue influence or the client’s adult children wish to join the meeting, now what?
- Confirming the scope of the retainer
- When is independent legal advice or independent legal representation required or advisable?
Pauline Sheps, LawPRO
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The Initial Client Meeting: Capacity Issues
- What are a lawyer’s obligations with respect to assessing capacity?
- Steps to take and questions to ask to assess capacity
- What to do in the “grey areas”?
- How to properly document your attempt to assess capacity?
- What to do if capacity is not confirmed or is suspect?
Chris Markou, Lawrence, Lawrence, Stevenson LLP
Kaylie Handler, Goddard Gamage Stephens LLP
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Estate Planning: Some Challenging Issues
- My client has foreign assets …
- Dealing with assets that pass or can pass outside of the estate
- Advising clients regarding tax issues
- Use of testamentary trusts
- Use of dual Wills to avoid Estate Administration Tax
Douglas R. Downey, Lewis Downey Tornosky Lassaline & Timpano Professional Corporation
Sheri L. Tornosky, Lewis Downey Tornosky Lassaline & Timpano Professional Corporation
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Preparing Standard Powers of Attorney
- Power of Attorney for Personal Care
- My client has asked me to prepare a Living Will … What is that?
- Continuing Power of Attorney for Property
- Limited Powers of Attorney / Restrictions in Powers of Attorney
Susannah B. Roth, O’Sullivan Estate Lawyers
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Preparing the Will: The Basics
- Common mistakes in Will drafting
- Use of precedents
- Delegation of work
- Some trouble spots to be aware of: foreign executors, second marriages, dependants, etc.
- An overview of codicils and other useful testamentary documents
Melanie Yach, Aird & Berlis LLP
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Preparing Trusts in a Will: The Basics and a Bit More!
- What is a trust?
- When should you use a trust?
- Some standard uses for a trust – spousal trust, Henson trusts, and more
- Trust income tax basics
- Use of precedents
- Delegation of work
Mike Prsa, Lawrence, Lawrence, Stevenson LLP
Gosha Sekhon, Bank of Nova Scotia Trust Company
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