Ontario Estate Administration, 8th Edition
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Intended as a practical guide for experienced lawyers, law clerks and paralegals engaged in the day-to-day administration of estates, as well as a handbook for students and practitioners new to the subject, Ontario Estate Administration, 8th Edition offers a comprehensive overview of a practice area that is becoming increasingly important and complex as the population ages and planning for mental incapacity becomes more and more critical.
An indispensable reference
Each chapter in Ontario Estate Administration, 8th Edition provides a summary of the law and practice in a specific area of estate administration – from court applications (both with and without a will), to estate conveyancing, to powers of attorney and guardianship. This publication also contains a full set of more than 60 updated forms and precedents for both contentious and non-contentious estate matters, as well as easy-to-follow guidance on how to complete those forms and precedents, including handy checklists to help avoid mistakes and errors.
In addition, this volume includes the forms, precedents and instructions needed for the preparation of powers of attorney and court application for adult guardianship, as well as for the administration of the estates of incapable adults. Throughout, the text cross-references the forms for quick, efficient ease of reference.
New In This Edition
This edition of Ontario Estate Administration has been fully updated to take into account recent legislative and rule changes, as well as the latest case law developments. Practitioners will find the following additional and revised content particularly useful:
- Analysis of Form 74.4.1 [Form 2] requirements (where the application is limited to the assets referred to in the will)
- Discussion of multiple wills with reference to the recent Ontario Divisional Court decision in Milne Estate v. Toronto Lawyers Association
- Significantly revamped examination of estate assets and the new definitions relating to children, spouses and parents contained in the All Families are Equal Act
- New commentary on debts of the estate, testate succession and jointly held property
- Analysis of the definition of “spouse” under section 29 of the Family Law Act and “dependant” under the Succession Law Reform Act
- Discussion of relief for dependants and applicable limitation periods
- Outline of the criteria required for the record for an uncontested passing of accounts, as well as a discussion of costs
- Updated examination of incapacity assessments
Something For Everyone
Ontario Estate Administration, 8th Edition is sure to become a go-to resource for:
- New practitioners or established lawyers looking to expand their knowledge of estate law. Written in plain language, the book contains everything lawyers need to know about running an estate administration practice in Ontario
- Paralegals and law clerks who need a comprehensive reference for working in estate administration
- Law libraries that want to provide patrons with access to a comprehensive collection of materials on wills and estates
- Students in paralegal programs in Ontario
Table of contents
Chapter 1: Opening the file
1.1 Information required
1.2 Opening the file, initial information to be obtained
1.3 Further verification
1.4 Administration deadlines and time limits
Chapter 2 : Court applications where there is a will
2.1 The application process
2.2 Preliminary steps
2.3 Holograph wills
2.4 To whom may a Certificate of Appointment of Estate Trustee with a Will be given?
2.5 The application documents
2.6 Multiple wills
2.7 Jurisdiction of the court
Chapter 3: Court applications where there is no will
3.2 The search for a will
3.3 Application for a Certificate of Appointment of Estate Trustee Without a Will
3.4 The application process
3.5 The application documentation
3.6 Administrator’s bond
3.7 Special types of appointment of estate trustees
Chapter 4 : Asset administration
4.1 What constitutes estate assets?
4.2 Requirement to file an information return
4.3 Locating the assets
4.4 Valuation of assets
4.5 Securing the assets
4.6 Debts of the estate
4.7 Distribution of the estate
4.8 Assets passing outside the estate
Chapter 5: Estate conveyancing
5.1 Transfers to satisfy terms of will
5.2 Sale of property by estate trustee
5.3 Transfer to surviving joint tenant
Chapter 6 : Contentious estate proceedings
6.1 Challenges to will and/or claims against estate
6.2 Orders for assistance
6.3 Relief of dependants
6.4 Family Law Act equalization claims
6.5 Limitation periods for estate claims
Chapter 7 : Estate accounts and audits
7.1 Obligation to maintain records
7.2 Passing of accounts
7.3 Estate accounting
Chapter 8 : Income tax returns
8.1 Personal returns: The final T-1 return
8.2 Trust tax return T-3
8.3 Tax clearances
8.4 Harmonized Sales Tax
8.5 Canada Pension Plan
Chapter 9: Powers of attorney and guardianship
9.1 Powers of attorney, planning for incapacity
9.2 Mental incapacity
9.3 Power of attorney for personal care
9.4 Guardianship of the person