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Jointing Assets to Avoid Probate: Risks and Best Practices

March 5 @ 1:30 pm - 3:00 pm

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 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 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

Attend this program if your practice includes estate planning, administration or litigation.

About the Program

Jointing assets is a common estate planning strategy to try to avoid probate and simplify estate administration. In practice, however, joint ownership often creates confusion, unexpected tax consequences, and, in many cases, estate litigation. This program takes a practical look at when jointing assets works, when it doesn’t, and how you can reduce the risk of future disputes. Experienced estates practitioner Lynne Butler focuses on joint bank accounts, investment accounts, and jointly held real property. You will learn how to: assess when joint ownership is appropriate, identify red flags relating to intention, capacity, and family dynamics, and document joint ownership properly to reduce the likelihood of disputes after death. By the end of the webinar, you will better understand:

  • Common myths about joint ownership
  • How joint assets can lead to estate litigation
  • Steps you can take to reduce litigation risk

This program is designed for estate planners and estate litigators alike, with a focus on preventing disputes.

Meet Your Presenter

Lynne Butler is a lawyer, mediator, and writer. She graduated from UBC Law School and was called to the Bar in Alberta in 1986. After more than 20 years, thousands of wills drawn and hundreds of estates probated, Lynne joined the estates department of a leading trust company for a further seven years. She now practises law in her home province of Newfoundland and Labrador, working exclusively in wills, estates, probate, elder law, and trusts. Lynne has been interviewed by Global TV, BNN, CBC Radio, the Wall Street Journal, the Globe & Mail, the Vancouver Province, the Edmonton Journal, the Toronto Star and the Montreal Gazette, among other media. She is the former co-host of The Law Show and is the author of ten books about estate planning. She was the reviewer for Newfoundland and Labrador for LexisNexis Drafting Wills in Canada: A Lawyer’s Practical Guide, 3rd Edition. She chaired the Wills and Estates Section of the Newfoundland and Labrador Bar Admissions Course from 2019 to 2025.

Schedule (Eastern)

12:00 pm – 1:30 pm

Welcome and Introduction

Jointing Assets to Avoid Probate: The Basics

  • Reasons for joint ownership
  • Assets commonly jointed
  • When probate avoidance is realistic

Common Problems with Joint Ownership

  • Unclear intention
  • Family conflict
  • Capacity and undue influence issues
  • Tax and fairness concerns

When Joint Ownership Is Challenged

  • Resulting trust claims
  • Disappointed beneficiaries
  • Allegations of misuse of powers of attorney
  • Capacity challenges

Best Practices

  • Key questions to ask
  • Documenting intention properly
  • When to recommend a different approach

Program Wrap-up and Evaluation

Venue

  • Online