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Drafting Considerations for the Wills & Estates Lawyer

From Boilerplate to Bespoke, drafting secondary wills and Power of Attorney Clauses

Created byToronto Lawyers Association
BeginnerUpdated Dec 23, 2024

About This Course

The use of multiple wills is one of the most effective estate planning strategies available to save and, sometimes, completely avoid estate administration tax on death. Therefore, careful drafting is required to ensure that the intended outcome is achieved.

Whether drafting a primary or secondary Will or a Power of Attorney, much danger exists in relying on a boilerplate document. Taking into account all of the client’s circumstances means that a Wills & Estates lawyer must be diligent and strategic.

If you are you starting out as a Wills & Estates lawyer, or have some experience under your belt but need a refresher, then you’ll want to join our panel of seasoned lawyers from the Bar as they:

  • Explain the importance of secondary will drafting, when to use one and how to avoid potential liability.
  • Discuss unique issues that arise in will drafting from dependant claims and US beneficiaries, to second marriages and joint assets.
  • Review, and comment on, Power of Attorney clauses.

Plus, you’ll walk away with precedents and other practical information that you can apply right away!

Secondary Will Drafting

  • Tips, Precedents and Traps
  • When to recommend
  • Avoiding potential liability
  • Reporting to clients
  • Important provisions
  • Joint assets clauses

Unique Issues That Arise in Will Drafting:

  • Dependent Claims
  • Born out of wedlock
  • US beneficiaries
  • Henson Trusts
  • Foreign Assets
  • Second Marriages
  • Appointment of Special Trustees
  • Joint assets
  • Marriage Contracts
  • Gifts to Charities

Review and comment on existing format and Power of Attorney Clauses.

Presenters:

Jordan Atin Ian M. Hull Jenny Pho Suzana Popovic-Montag

Course Content

1 activity • 1 videos • duration: 1h 42m

remove
Section 11 videos • 1.7 hours
  • videocamDrafting Considerations for the Wills & Estates Lawyer
    Duration 102:32

Your Instructor

Toronto Lawyers Association

Toronto Lawyers Association

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star2,384 reviews

For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community.To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Credit Information

Is this course eligible for my CPD requirements as a Canadian CPA?

Provincial regulators of CPAs in Canada do not require that independent providers of CPD be approved to offer courses. Instead, individual CPAs are responsible for assessing whether a CPD activity meets their requirements, and may take activities from any source provided those requirements are met.

Every course offered on LearnFormula is delivered by a qualified subject matter expert or learning organization, and advances learning objectives that are relevant to the responsibilities or professional competencies of Canadian CPAs. All activities on LearnFormula are quantifiable in terms of hours, and are also verifiable, in that users receive documented evidence of their attendance via a certificate of completion after finishing a course (and this certificate is stored by LearnFormula indefinitely). Nearly 100,000 Canadian CPAs successfully satisfy their CPD requirements via LearnFormula on an annual basis.

What Students Are Saying

4.4 out of 5
Student's Choice
34 reviews
  • HP
    Harold P.
    starstarstarstarstar

    Great material for practical issues. Was difficult to hear audience questions. Thanks!

  • DN
    DAN N.
    starstarstarstarstar

    Good and informative presentation

  • HG
    HARMANJIT G.
    starstarstarstarstar

    Great Knowledge

  • CR
    Carrie R.
    starstarstarstarstar

    Very interesting concept of second will for non probate

Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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