Legal Office Procedures- Wills And Estates

Curriculum guideline

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Course
OADM 1329
Discontinued
No
Course code
OADM 1329
Descriptive
Legal Office Procedures- Wills And Estates
Department
Office Administration
Faculty
Commerce & Business Administration
Credits
3.00
Start date
End term
201520
PLAR
Yes
Semester length
15 weeks x 4 hours per week = 60 hours
Max class size
30
Contact hours
Lecture 2 hours per week Seminar 2 hours per week
Method(s) of instruction
Lecture
Seminar
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. THERE ARE NO ORAL PRESENTATIONS IN THIS COURSE.

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 outcomes

The learner has reliably demonstrated the ability to:

  1. explain basic principles of trust law and the ways in which they apply to estate work. Explain the purpose of wills and/or codicils;
  2. accurately prepare and proofread wills and/or codicils;
  3. outline the correct execution procedures for testamentary documents;
  4. explain the purpose of the probate and/or administration of estates and the roles of the various parties involved in the estate;
  5. list the relevant statutes and their roles in the handling of testamentary documents and estates;
  6. utilize legal reference materials, in particular the Rules of Court, along with other sources of information in the processing of estates;
  7. translate an understanding of a simple probate with adult beneficiaries by creating correspondence and documents inclusive of all procedures from file opening to file closing;
  8. translate an understanding of a simple probate with adult beneficiaries by creating correspondence and documents inclusive of all procedures from file opening to file closing;
  9. translate an understanding of a simple administration (with will) by creating correspondence and documents inclusive of all procedures from file opening to file closing;
  10. translate an understanding of a simple administration (without will) by creating correspondence and documents inclusive of all procedures from file opening to file closing;
  11. define and correctly spell legal terms;
  12. observe professional standards in the maintenance and use of checklists;
  13. transcribe documents and correspondence;
  14. keyboard with speed and accuracy from five-minute timed writings; and
  15. demonstrate the ability to meet deadlines in a manner required to meet
    legal industry standards.
Means of assessment
Assignments  5% - 10%
Simulations 35% - 40%
Midterm and/or Test(s)          25% - 30%
Final Exam   20% - 25%
Keyboarding Speed (average of best three 5-minute timings)    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)

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.

A department approved keyboarding timed writing textbook (used in OADM 1303).

Campbell, Joan I. Pitman Office Handbook, Latest Ed. Toronto: Pearson Education Canada 

Course packs as determined by the instructor.

Prerequisites

OADM 1218 AND OADM 1256 AND (45 NWPM OR OADM 1103 with a grade of A- or better OR
OADM 1303 with a grade of C+ or better)