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Domestic Contracts & Testamentary Freedom

October 24 @ 1:30 pm - 3:00 pm

Learning Options:

Live webinar with chat*
includes 60 day replay

9:00 am – 10:30 am (Pacific)
10:00 am – 11:30 am (Mountain)
11:00 am – 12:30 pm (Central)
12:00 pm – 1:30 pm (Eastern)
1:00 pm – 2:30 pm (Atlantic)
1:30 pm – 3:00 pm (Newfoundland)

*This program features real-time audio and video of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A. SK attendees please verify whether you align with Central (MB) or Mountain (AB) time based on season and location.

Technical Information:

Live webinars allow you to hear and view faculty, see their presentation slides, and ask questions by chat. You will need a current web browser (Chrome (Chrome works best), Safari, Firefox), a wired (better than wireless) connection to the Internet of at least 2 Mbps. You can test your internet speed/bandwidth here. If you miss the live program, you can access the archive, at your convenience, for 60 days.

Who Should Attend

This program will be of interest to lawyers practicing in the areas of family law, elder law, and wills and estates law.

About the Program

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 ensure the integrity of domestic contracts and minimize the need to take remedial steps – the effectiveness of which is uncertain – or litigate the validity of a contract after the fact. By the end of the program, you will better understand:

  • the factors that affect judicial consideration of domestic contracts and testamentary freedom
  • the risks of claims and court intervention
  • fundamental safeguards that should accompany domestic contracts involving inheritance waivers

Your clients’ confidence and certainty in their testamentary plans will increase if appropriate and prudent steps are taken when executing a domestic contract. Attend this program and learn what you can do to help preserve the function and intent of these contracts.

Meet Your Presenter

Gary Kirk has been practicing law for more than 20 years and is the Managing Partner of Kirk Montoute Dawson LLP in Calgary, Alberta. In addition to Mediation/Arbitration, Wills & Estates and Family Law, Gary is also an experienced litigator. Gary has appeared before all levels of court in Alberta. Gary also has extensive training as a Mediator and Arbitrator and has participated in numerous Mediation, Arbitration and Judicial Dispute Resolution Hearings, both as counsel and as Mediator/Arbitrator. Gary is a member of the Law Society of Alberta, the Canadian Bar Association and the ADR Institute of Alberta. Gary is an active member of the Family Law and Estates and Trusts Sections of the Alberta Bar Association. Gary writes and speaks for legal and other audiences about family law topics and estate planning matters, including for STEP Inside, the publication of the Society of Trusts and Estates Practitioners, as well as for the Alberta Bar Association and the Legal Education Society of Alberta.

Venue

Online