Course Description
This is a BCCampus online provincial course. 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 preparation of wills and codicils and the documents necessary to apply grants of Probate and Administration (with and without a Will), transferring the deceased's assets, and winding up estates. Students will prepare documents acceptable to the Probate Registry for filing, followed by transmission and distribution of 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
Communication between instructor and students will be conducted online using e-mail, discussion, chat utilities, guided practices, assignments, and case studies. Students will 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% |
| Simulation – Probate (Spouse with Adult Children) |
15% |
| Simulation – Probate (Spouse with Minor Children) |
15% |
| Simulation - Administration – with Will |
15% |
| Simulation – Administration – intestacy |
15% |
| Quizzes |
10% |
| Final exam |
25% |
| Total |
100% |
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;
- accurately 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;
- translate an understanding of a simple probate by creating correspondence and documents inclusive of all procedures from file opening to file closing;
- translate an understanding of a simple administration (with will) by creating correspondence and documents inclusive of all procedures from file opening to file closing;
- translate an understanding of a simple administration (without will) by creating correspondence and documents inclusive of all procedures from file opening to file closing;
- define and correctly spell legal terms;
- observe professional standards in the maintenance and use of checklists.
Textbook Materials
Textbooks and Materials to be Purchased by Students
Yip, Titus. Introduction to Wills and Estates. DFC Publications. (Latest Edition)
.WAV pedal & computer headphones are required for digital transcription activities.
Software:
- Microsoft Internet Explorer version 5.0 or higher or Netscape 6.2 or higher
- Microsoft Word 97 or higher
- Adobe Reader 6.0 or higher
- Express Scribe digital transcription software