The Practitioner's Guide to Estate Practice in Ontario, 8th Edition + USB
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The Practitioner's Guide to Estate Practice in Ontario, 8th Edition provides practical, comprehensive and expert guidance on the day-to-day administration of estates and is the ideal reference manual for both experienced practitioners and lawyers who are new to the practice area.
Lawyers have long relied on The Practitioner’s Guide to Estate Practice as a time-saving resource that offers useful direction on dealing with both contentious and non-contentious issues that can arise in the administration of estates. Written by a leading estates, wills and trusts practitioner, this book offers an invaluable collection of up-to-date information and insightful commentary, including:
- Practical guidance on non-contentious matters, such as the certificate of appointment of a trustee (with or without a will), estate accounting, income taxation at death and taxation of estates; and
- Valuable advice on contentious matters, such as estate litigation, passing accounts, mediation, claims by and against the estate, and substitute decision-making and adult guardianship
Practitioners can save precious time when drafting documents by referring to the forms and precedents available both in the book and on the USB.
What's New In This Edition
- Over 130 forms and precedents, reviewed and updated as of January 2023
- Content on tax matters for both Income Tax and Estate Administration Tax
- Discussion of key updates brought on by the COVID-19 pandemic, including:
- The development of electronic filing processes with the courts and virtual court appearances; and
- The ability to execute a will or power of attorney virtually and to swear or affirm an affidavit virtually
Who Should Read This Book
- Estate lawyers who will find that the book covers all practice issues that arise in estate administration, estate litigation and guardianship
- Generalist practitioners who handle estate administrations from time to time will find the book’s practice commentary, templates and forms to be immensely useful and time-saving
- Paralegals, law clerks and administrative assistants who will use this text as a valuable resource
- Academics and law students who are studying and researching wills and estates law will find this volume to be a comprehensive reference for the latest developments in the field
Table of contents
PART I: NON-CONTENTIOUS MATTERS
CHAPTER 1: INITIAL RETAINER
CHAPTER 2: ADMINISTRATION WHERE A WILL EXISTS
CHAPTER 3: INTESTATE SUCCESSION
CHAPTER 4: ADMINISTRATION ISSUES
CHAPTER 5: ASSETS PASSING OUTSIDE THE ESTATE
CHAPTER 6: DISPOSITION OF ESTATE ASSETS
CHAPTER 7: ESTATE ACCOUNTING
CHAPTER 8: INCOME TAXATION AT DEATH AND TAXATION OF ESTATES AND TRUSTS
PART II: CONTENTIOUS MATTERS
CHAPTER 9: ORDERS FOR ASSISTANCE
CHAPTER 10: PROOF OF COPY OF WILL
CHAPTER 11: CHALLENGES TO VALIDITY OF WILLS
CHAPTER 12: APPLICATIONS FOR ADVICE AND DIRECTIONS
CHAPTER 13: SUPPORT FOR DEPENDENTS
CHAPTER 14: NET FAMILY PROPERTY EQUALIZATION
CHAPTER 15: OTHER ESTATE LITIGATION MATTERS
PART III: SUBSTITUTE DECISIONS AND ADULT GUARDIANSHIP
CHAPTER 16: MANAGEMENT OF PROPERTY
CHAPTER 17: COURT-APPOINTED GUARDIAN OF PROPERTY
CHAPTER 18: PERSONAL CARE MANAGEMENT
CHAPTER 19: COURT-APPOINTED GUARDIAN OF THE PERSON
**Redemption/Transfer of Canada Savings Bonds Form (reproduced in the book) retrieved from and available free of charge at https://www.csb.gc.ca/wp-content/uploads/2009/02/service_eforms_bondholder_transfer-deceased.pdf