Course
Discontinued
No
Course Code
OADM 1437
Descriptive
Wills and Estates
Department
Office Administration
Faculty
Commerce & Business Administration
Credits
2.00
Start Date
End Term
201430
PLAR
Yes
Semester Length
15 weeks X 4 hours/week = 60 hours/semester
Max Class Size
24
Contact Hours
Lecture: 3 Hours
Lab: 1 Hour
Method(s) Of Instruction
Online
Learning Activities
Communication between instructor and students will be conducted online using WebCT 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.
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 Letters Probate and Letters of Administration (with and without a Will), Administration Bonds, 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 the Trustee Act to trusts
- Purpose of a testamentary trust
- Characteristics of a testamentary trust
- The application of trust principles to probates and administrations
- Acts (Statutes)
- Wills Act
- Wills Variation Act
- Estate Administration Act
- Trustee Act
- Court Applications
- Letters of Probate
- Letters of Administration
- Letters of Administration with Will Annexed
- 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
- BC Supreme Court Rules
- Rule 61
- Rule 62
- Safeguarding the Will
- Filing a Wills Notice
- Execution of a new Will
- Revocation of a Will
- Execution of a Codicil
- Relocation of a Will or Codicil
- Wills - Form and Letters
- Wills Instruction Form
- Reporting to the Client
- Wills and Estates Terminology
- Probate
- Obtaining Will
- Identifying Trustee (Executor/Executrix)
- Trustee's Duties
- Gathering Information
- Preserving Assets
- Notifying Beneficiaries and Creditors
- Maintaining Accounts
- Preparing Disclosure Document
- Distribution of Estate
- Documentation Required For Letters Probate
- Requisition
- Wills Notice Search
- Notice of Intention to apply for probate
- Affidavits of Notice Pursuant to Section 112 of the Estate Administration Act
- Disclosure Document
- Affidavit of the Executor
- Consents of Creditors
- 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
- Obtaining Will
- Appointing a Trustee (Administrator/Administratix)
- Trustee's Duties
- Gathering Information
- Preserving Assets
- Notifying Beneficiaries and Creditors
- Maintaining Accounts
- Preparing Disclosure Document
- Distribution of Estate
- Administrative Bonds
- Documentation Required for Administration with Will Annexed
- Requisition
- Wills Notice Search
- Notice of Intention to apply for Administration
- Affidavits of Notice Pursuant to Section 112 of the Estate Administration Act
- Disclosure Document
- Affidavit of the Administrator
- Renunciations and Consents of Creditors
- Order
- Post-application procedures
- Transmission of assets to the personal representative
- Prepartion and filing of Income Tax Returns
- Request for Clearance Certificate
- Conditions met prior to distribution
- Administration
- Confirming Intestacy
- Appointing a Trustee (Administrator/Administratix)
- Trustee's Duties
- Gathering Information
- Preserving Assets
- Indentifying and notifying Beneficiaries and Creditors
- Maintaining accounts
- Preparing disclosure document
- Distribution of Estate
- Administrative Bonds
- Documentation required for Administration
- Requisition
- Wills Notice Search
- Notice of Intention to Apply for Administration
- Affidavits of Notice pursuant to Section 112 of the Estate Administration Act
- Disclosure Document
- Affidavit of the Administrator
- Renunciations and Consents of the Creditors
- Order
- 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
- Miscellaneous
- Calculation of probate fees
- Documents to be filed in Probate Registry
- Court certified copies of probate
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.
Means of Assessment
| Assignments | 5% |
| Simulation – Probate (Spouse with Adult Children) | 10% |
| Simulation – Probate (Spouse with Minor Children) | 15% |
| Simulation - Administration – with Will | 10% |
| Simulation – Administration – intestacy (Spouse with minor children) | 10% |
| Simulation – Administration – intestacy (No spouse or children) | 15% |
| Quizzes | 10% |
| Final exam | 25% |
| Total | 100% |
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