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.
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
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.
| 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.
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.