Nancy L. Golding

Nancy L. Golding QC TEP, ACIArb

Partner

Executive Summary

Nancy Golding is a tax partner in our Calgary office, as well as the National and Alberta Regional Leader of our Family Wealth Counsel Group. Nancy works exclusively in the areas of estate planning, estates, and estate and fiduciary litigation. She has extensive experience in the preparation of all documentation required for the administration and probate of estates and applications for dependants, as well as in drafting domestic and international wills, enduring powers of attorney, personal directives, and trusts.  

Nancy also has extensive experience with pre-trial applications, trial and appellant work in estate and fiduciary disputes, acting on behalf of trustees, administrators, executors and beneficiaries, attorneys and agents relating to the interpretation and validity of wills and trust agreements; creditor claims against estates; breach of trust allegations; the removal and replacement of executors; executors’ compensation; disputes among beneficiaries; applications to vary wills and trusts; enduring power of attorney and personal directive abuse and disputes and accounting applications. 

In addition, Nancy has extensive experience in mediation and judicial dispute resolution as an alternative to estate litigation.

Representative Work

  • Representing individual clients and trust companies in litigation pertaining to issues relating to the role of guardians, trustees, attorneys pursuant to powers of attorney documents and other fiduciaries, and the abuse of such roles.
  • Advising financial institutions concerning estates, beneficiary claims, estate litigation and their role as trustees pursuant to trusts, wills, dependent adult orders and as attorneys pursuant to enduring powers of attorney.
  • Assisting individual clients and private company clients with succession planning including the use of discretionary trusts, wills and enduring powers of attorney and estate freezes to minimize tax liability. Also, methods by which a business can be passed on to the next generation in a tax-effective manner including work with farm families.
  • Advising clients, both corporate and individual, on a wide variety of issues pertaining to the establishment, operation and regulation of charitable and other not-for-profit organizations and foundations, the establishment of such organizations and continuing legal advice relating to the operation of the same.
  • Advising clients, both individual and corporate, regarding matters relating to the administration of an estate including applications for letters probate and letters of administration, the realization and transfer of assets, claims against an estate, accounting and investment issues and matters pertaining to executors’ compensation.
  • Appointment by the Court of Queen’s Bench of Alberta as Judicial Trustee and as a legal representative of a disabled person in a dependent adult litigation file.

Publications & Presentations

  • Regular contributor, STEP INSIDE (STEP/Society of Estate and Trust Practitioners’ publication) column, “In the Headlines,” 2004-present.
  • Co-Author, “21st century estate practice: Shrunken heads and sperm,”The Lawyer’s Daily (LexisNexis Canada), August, 2017.   
  • Author/Speaker “Unique Assets,” STEP Canada’s National Conference, June 2017.
  • Author/Speaker “The Story of “Emma” and “Isabella” The Litigious Embryos and Other Tales," Legal Education Society of Alberta’s 50th Anniversary Refresher, May 2017.
  • Speaker “Capacity and the Aging Client,” Independent Financial Brokers of Canada Alberta Spring Summit, April 2017.
  • Speaker “Tips, Traps and Select Issues in Trust Drafting and Administration,” STEP Calgary, January 2017.
  • Contributor, International Wealth Disputes Forum, Cambridge Forums, Venice, October 2016.
  • Speaker, “Patchwork Families – Defining the Modern Family,” STEP Global Congress, Amsterdam, June, 2016.
  • Author, “Estate Planning for the Future Family – Legal Issues Regarding Use of Genetic Material, Assisted Reproductive Technology and Posthumous Conception,” STEP Global Congress, Amsterdam, June, 2016.
  • Co-Speaker, “What’s New at the Zoo,” BLG In-House Seminar, April 2016.
  • ​Discussion Leader, “The Beginning and The End:  Issues Arising From Assisted Human Reproduction and End of Life Planning,” Senior Estates & Trusts Practitioners’ Forum, October 2015​
  • Contributor, “ADR and Trusts: An international guide to arbitration and mediation of trust disputes​,” Spiramus Press Ltd., 2015.
  • Chair, “Estate Litigation” Legal Education Society of Alberta’s 48th Annual Refresher:  Wills & Estates, April 2015.
  • Author, “Limitation Periods:  Estate Litigation Actions,” Legal Education Society of Alberta’s 48th Annual Refresher:  Wills & Estates, April 2015.
  • Author, “Personal Representatives’ and Trustees Compensation in Alberta,” Estates Trust & Pensions Journal Volume 34 Number 2, February, 2015.
  • Chair/Speaker, “The Wolf of Will Street…The True Story of an Estate Litigation File,” STEP Canada’s National Conference, June 2014.
  • Discussion Leader, “Family Law Claims Against a Beneficial Interest in a Trust,” Senior Estates & Trusts Practitioners’ Forum, October 2013.
  • Author/Speaker, “In the Barristers’’ Briefcase: Current Issues in Estate Litigation,” STEP Canada’s National Conference, June 2013.
  • Speaker, "Blood Doping and Other Tips for Success," Alberta Law Conference, Canadian Bar Association, February 2013.
  • Speaker, “Protecting Estate Assets From Creditors,” Estate Planning Council, November 2012.
  • Author/Speaker, “Provincial Legislative Changes – Location, Location, Location,” Society of Trust and Estate Practitioners (STEP) Canada’s National Conference, June 2012.
  • Author, “New Alberta Wills and Succession Act: The Times, They Are a-Changin’,” Estates Trusts and Pensions Journal, December 2011.
  • Chair, “Estate Freeze Fundamentals,” STEP Canada’s National Conference, June 2011.
  • Author/Speaker, “Wills and Estates – Roles, Responsibilities and Wrist-Slapping: The Personal Representative in Estate Litigation,” Legal Education Society of Alberta’s 44th Annual Refresher Course, May 2011.
  • Author, “Can One Sever Entitlement And Quantum on a Dependant’s Claim?” STEP Inside (STEP publication), April 2011.
  • Author, “Change is a’ Coming!,” STEP Inside, January 2011.
  • Chair, “Doctrine of Acceleration,” STEP Canada’s National Conference, June 2010.
  • Speaker, “Judicial Dispute Resolution,” Canadian Bar Association, Wills and Estates Subsection, May 2010.
  • Chair, “Beyond the Basics”; Speaker, “Judicial Dispute Resolution: So You Wanna Stop Fighting,” Legal Education Society of Alberta’s (LESA) Wills and Estates Conference, February 2010.
  • Speaker, “STEP Update,” STEP Conference, February 2010.
  • Speaker, “Québec Fiducies and What Common Law Jurisdictions do with Them,” STEP Canada’s National Conference, June 2009.
  • Chair, STEP Canada National Conference on Topical Issues, June 2009.
  • Co-Author, “Shareholder Agreements: The Case of Frye v. Frye : Limbo or Hell?,” Personal Tax and Estate Planning, Volume 1, No. 4, Federated Press, 2009 (with Catherine Brown).
  • Co-Speaker, “Case Law Update,” STEP, May 2009.
  • Co-Speaker, “The Implications of Frye,” BLG In-House Seminar, April 2009.
  • Speaker, “Practitioners’ Update,” STEP, March 2009.
  • Chair, “The Brothers Grim – A Case Study Fable,” STEP Canada National Conference, June 2008.
  • Speaker, “Evidence in Will Litigation Cases,” Canadian Bar Association (CBA) Wills and Estates Subsection, February 2008.
  • Speaker, “Creation of Wills - Review of Alberta Law Reform Institute Report,” STEP, November 2007.
  • Speaker, STEP National Trust Symposium; Co-Chair, STEP Working Group Toronto, November 2007.
  • Speaker, “Beneficiary Designations,” STEP, June 2007.
  • Chair, STEP Canada National Conference on Topical Issues, June 2007.
  • Speaker, LESA’s 40th Annual Refresher Courses: Wills, Estates and Elder Law; "Beneficiary Designations; Claims and Challenges; and Hearsay Evidence in Estate Litigation," May 2007.
  • Speaker, “Mental Capacity Issues in Serving Elder Clients,” Independent Financial Brokers Association, April 2007.
  • Speaker, “Judicial Dispute Resolution in Estate Matters,” CBA Wills and Estates Subsection, April 2007.
  • Author, Editorial Board, Estate Administration Manual, LESA, 2005.
  • Author, “Graham v. Bonnycastle: Case Comment,” Estates, Trusts & Pensions Journal, June 2005.
  • Speaker, “He Who Hesitates Is Lost – Estate Claims and Limitation Periods,” STEP, March 2005.
  • Instructor, Bar Admission Course, Wills and Estates portion; Author, Estate Administration Materials for the Bar Admission Course, 1994- 2004.
  • Speaker, “Effective Advocacy in JDRs,” LESA, October 2004.
  • Co-Chair, “The Continuing Evolution of Relationships and the Impact on Family and Estate Law,” CBA Alberta Law Association Conference, Family and Estate Law Panel, March 2004.
  • Speaker, “Adult Interdependent Relationships Act – Update,” CBA Wills and Estates Subsection, December 2003.
  • Panellist, “Estate Litigation,” CBA Wills and Estates Subsection, May 2005.
  • Speaker, “Bill 30-2: Scary or Silly?,” Estate Planning Counsel of Calgary, September 2003.
  • Speaker, “Bill 30-2: Adult Interdependent Relationships Act - Estate Litigation Issues,” LESA, December 2003.
  • Speaker, “Bill 30-2: Planet of the AIPs,” CBA Wills and Estates Subsection, January 2003.
  • Chair, “LESA Refresher Course on Wills and Estates and Elder Law,” Conference in Banff, Alberta, April 2002.
  • Speaker, “Trusts, Chair and Lawyers as Trustees: Boom or Bust,” LESA, November 2000.
  • Speaker, “Estate Planning,” Canadian Association of Pre-Retirement Planners, June 2000.
  • Speaker, “Advanced Issues in Estate Planning,” Imperial Financial Services, May 2000.
  • Speaker/Panellist, “Handling Beneficiary Disputes, or Six Ways to Pet a Porcupine,” CBA Wills and Estates Subsection Panel, March 2000.
  • Speaker, “US Connections in Estate Planning,” HSBC, November 1999.
  • Speaker, “Estate Planning,” Imperial Financial Services, Alberta Convention for Planners, October 1999.
  • Speaker, “Advanced Issues in Estate Planning,” MD Management, Fall 1999.
  • Speaker, “Issues in Estate Planning,” HSBC, June 1999.
  • Speaker, “Wills and Estates Planning,” MD Management Conference, Fall 1998.
  • Speaker, “Wills and Estates Update,” LESA, 1998
  • Speaker, “Personal Directives Act: An Introduction,” LESA, October 1997.
  • Speaker, "Personal Directives Act Panel,” CBA Wills and Estates Subsection, October 1997.
  • Chair, “LESA Refresher Course on Wills, Estates and Elder Law” Conference in Banff, Alberta, April 1996.
  • Speaker, “Wills and Estates Update,” LESA, November 1995.
  • Speaker, “New Surrogate Rules for Legal Secretaries,” LESA, June 1995.
  • Instructor, various Wills & Estates courses, Calgary Board of Education Continuing Education - Various Wills and Estates Courses, 1987-94.

Rankings & Recognitions

  • Ranked in Chambers Canada Private Client 2017 and 2016.
  • Lawyer of the Year 2017, Calgary, Canada Trusts and Estates, The Best Lawyers in Canada®.
  • Selected by peers for inclusion in the 2016 (and since 2006) edition of The Best Lawyers in Canada® (Trusts & Estates Litigation).
  • Recognized in the 2017 (and since 2013) editions of The Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.
  • Volunteer of the Year Award, STEP Canada, 2012.
  • STEP World Wide Founder’s Award 2011.