Bequest Management for Charities in Canada, 2nd Edition
Now National in Scope Covering Bequest Management in All Common Law Provinces
Written for charities and their advisors, this book is a great legal and practical guide on managing bequests. Along with Ontario, Alberta and British Columbia, the second edition has been expanded to include Saskatchewan, Manitoba, and the eastern provinces.
"A unique resource for all charities"*
- A chapter that defines the most common terms encountered in estate matters makes this an easy-to-use guide for lawyers and non-lawyers alike
- Practically describes how one administers an estate in each common law province where there is a valid will, the account review process, estate accounting, and estate litigation and management from the vantage point of the charitable beneficiary
- Appendicies include Precedents & Checklists essential to managing bequests for charities, such as an estate checklist (bring forward form), receipt by legatee, estate audit checklist, and probate fees
- A Case Study demonstrates the rules and principles explained in the text by illustrating common issues faced by charities in managing bequests, such as whether the accounting of the administration of an estate is satisfactory and whether, given the facts, a charity should sign a release
New in this Edition
This book has been expanded to cover the new developments in the law that have occurred since the first edition was published in 2003, including claims for services rendered, power of attorney claims and determining whether or not joint bank accounts fall into the estate.
- Each chapter was updated to include content from Saskatchewan, Manitoba and the Atlantic Provinces (in addition to Ontario, BC and Alberta)
- Definitions have been updated and expanded
- A new comment on the estate information return
- Updated and/or added new sections on how to administer an estate; estate accounting; and estate litigation and management
- Updated section on income taxes in the account review process, which includes changes to graduated rate estates effective January 1 2016 and a succinct summary of what these changes mean for charitable beneficiaries
- Updated the section on the growing importance of the Surrogate Rules in estate litigation costs in Alberta
- Updated sections on compensation and costs in estate proceedings in the account review process in British Columbia
- New sections on the account review process in Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island
- New case study to illustrate the rules and principles explained in the text
- Updated section on estate litigation and management in Ontario which explains, with reference to new case law since 2003, the application of the cypress doctrine in applications unique to charities revolving around the misnaming or misidentifying of a charity or clarifying the purpose of a gift impossible or impractical to administer
Who Needs this Book?
- Charitable Organizations – To comply with their legal obligations in managing testamentary bequests
- Lawyers who advise charities or who serve as directors – To advise on their legal obligations in managing testamentary bequests
- Estate litigation and Management Lawyers – To advise charities on their legal obligations in managing testamentary bequests
- Law schools or business schools – To teach charities management courses
- Members of the Canadian Association of Gift Planners
Jessica L. Lyle, LL.B. TEP
Manraj Mann, LL.B.
Leilani Kagan, LL.B.
Karen A. Forhan, J.D.
Heather MacMillan-Brown, Q.C.
Kimberly-Anne Kuntz, LL.B.
Predrag (Peter) Tomic, LL.B.
* From the Foreword to the Second Edition (Paul Nazareth)
Table of contents
Chapter 1: Introduction and Definitions
Chapter 2: Estate Administration
Chapter 3: Legal Fees, Compensation, Taxes, Releases and Costs
Chapter 4: Estate Accounting
Chapter 5: Case Study
Chapter 6: Estate Litigation and Management