Legal Office Procedures- Wills And Estates

Overview

Course description

This course introduces the student to the role and responsibilities of a Legal Administrative Assistant employed in the field of wills and estates in British Columbia. Students will gain knowledge and practical experience in topics such as Wills and Codicils, Grants of Probate and Administration with and without a Will, transferring the deceased’s assets, and winding up estates. This is a “hands-on” course in which the students integrate keyboard, computer, document formatting, and transcription skills, with knowledge of estate law.

Course content

Basic Trust Principles

Definition of a trust
Parties to a trust
Elements required for a trust
Appointing a trustee
Responsibilities of a trustee
Application of applicable statutes to trusts
Purpose of a testamentary trust
Characteristics of a testamentary trust
The Application of trust principles to probates and administrations

Acts (Statutes)

Provincial statutes relating to wills, wills variations, estate administration, and trustees.

Court Applications

Grant of Probate
Grant of Administration
Grant of Administration With Will Attached

Wills

Definition of a Will
The creation of a testamentary trust through the creation of a Will.
Validity requirements including legal requirements of making a Will
Reasons for making a Will
Execution
Formatting a Will
Clauses in a Will
Codicil
Memorandum To Will
Safeguarding the Will
Filing a Wills Notice
Execution of a new Will
Revocation of a Will
Execution of a Codicil
Wills Instruction Form
Reporting to the Client
Wills and Estates Terminology

Probate with adult beneficiaries

Trustee’s Duties:
- Gathering Information
- Preserving Assets
- Notifying Beneficiaries and Creditors
- Maintaining Accounts
- Preparing Disclosure Document
- Distribution of Estate
Court Documentation Required For Probate
Post-Application Procedures
- Transmission of assets to the personal representative
- Preparation and filing of Income Tax Returns
- Request For Clearance Certificate
Conditions Met Prior To Distribution

Probate with minor beneficiaries

Obtaining Revocations
Trustee’s Duties:

Gathering Information
Preserving Assets
Notifying Beneficiaries and Creditors
Notifying Guardians and Public Guardian and Trustee
Maintaining Accounts
Preparing Disclosure Document
Distribution of Estate

Court Documentation Required For Letters Probate
Post-Application Procedures
- Transmission of assets to the personal representative
- Preparation and filing of Income Tax Returns
- Request For Clearance Certificate
Conditions Met Prior To Distribution

Administration With Will Annexed

Appointing A Trustee (Administrator)
Trustee’s Duties:
- Gathering Information
- Preserving Assets
- Notifying Beneficiaries and Creditors
- Maintaining Accounts
- Preparing Disclosure Document
- Distribution of Estate
- Administrative Bonds
Court Documentation Required For Administration With Will Annexed
Post-Application Procedures
- Transmission of assets to the personal representative
- Preparation and filing of Income Tax Returns
- Request For Clearance Certificate
Conditions Met Prior To Distribution

Administration

Confirming Intestacy
Appointing A Trustee (Administrator)
Trustee’s Duties:
- Gathering Information
- Preserving Assets
- Identifying and Notifying Beneficiaries and Creditors
- Maintaining Accounts
- Preparing Disclosure Document
- Distribution of Estate
- Administrative Bonds
Court Documentation Required For Administration
Post-Application Procedures
- Transmission of assets to the personal representative
- Preparation and filing of Income Tax Returns
- Request For Clearance Certificate
Conditions Met Prior To Distribution

Learning activities

A combination of lectures, guided practices, assignments and case studies will be used. Active learning is an integral part of this course, and emphasis will be placed on a “hands-on” environment to allow students to work both independently and collaboratively to learn and apply procedures and tasks carried on in a legal office. Both learning activities and evaluations will be structured to stress problem solving, accuracy, and working within time constraints.

Means of assessment

Assignments	5% - 11%
Simulations	35% - 40%
Midterm and/or Test(s)	25% - 30%
Final Exam	20% - 25%
Keyboarding Speed	4 - 5%
	100%

A maximum of two evaluations worth up to 20% may be assigned and due in the last 14 days of
class. (Some class time is provided to work on any evaluation due in the last
14 days of class)

THERE ARE NO ORAL PRESENTATIONS IN THIS COURSE.

Students may conduct research as part of their coursework in this class. Instructors for the course are responsible for ensuring that student research projects comply with College policies on ethical conduct for research involving humans, which can require obtaining Informed Consent from participants and getting the approval of the Douglas College Research Ethics Board prior to conducting the research.

Learning outcomes

The learner has reliably demonstrated the ability to:

explain basic principles of trust law and the ways in which they apply to estate work. Explain the purpose of wills and/or codicils;
prepare and proofread wills and/or codicils;
outline the correct execution procedures for testamentary documents;
explain the purpose of the probate and/or administration of estates and the roles of the various parties involved in the estate;
list the relevant statutes and their roles in the handling of testamentary documents and estates;
utilize legal reference materials, in particular the Rules of Court, along with other sources of information in the processing of estates;
determine the assets and liabilities that are included in an estate;
prepare correspondence and documents for a simple probate with adult beneficiaries;
prepare correspondence and documents for a simple probate with minor beneficiaries;
prepare correspondence and documents for a simple administration with will annexed;
prepare correspondence and documents for a simple administration for an intestacy;
differentiate between the different affidavits required when there is more than one personal representative for an estate;
differentiate between the different affidavits required when there are issues within the testamentary documents;
observe professional standards in the maintenance and use of checklists;
transcribe documents and correspondence;
keyboard with accuracy; and
demonstrate the ability to meet deadlines in a manner required to meet legal industry standards.

Textbook materials

Textbooks and Materials to be Purchased by Students:

Introduction to Wills and Estates. DFC Publications. (Latest Edition) or other wills and estates textbook as determined by the department.

Department approved keyboarding material or software

Course packs as determined by the instructor.

Requisites

Prerequisites

OADM 1218 AND [(OADM 1103 with a grade of B+ or better) or OADM 1206 or OADM 1303 or 45 NWPM]

Corequisites

No corequisite courses.

Equivalencies

No equivalent courses.

Course Guidelines

Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.

January 2021 (Current)