LEGAL OFFICE PROCEDURES - WILLS AND ESTATES
Curriculum guideline
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.
1. Wills and Codicils
1.1 Parts and format of wills and codicils
1.2 Formatting, spelling, and terminology
1.3 Will clauses
1.4 Rules under the Wills Act for making, witnessing and revoking wills.
2. Grant of Letters Probate
2.1 Gathering information re deceased’s estate
2.2 Rules regarding notice, execution, and delivery of documents under the Estate Administration Act
2.3 Procedures to obtain a grant
2.3.1 open client file
2.3.2 order death certificate
2.3.3 request wills notice search
2.3.4 compile list of deceased's assets and liabilities
2.3.5 complete disclosure document
2.3.6 complete affidavits and renunciations
2.3.7 apply for grant of letters probate
3. Grant of Letters of Administration with Will Annexed
3.1 Gathering information re deceased’s estate
3.2 Rules regarding Notice, execution, and delivery of documents under the Estate Administration Act
3.3 Procedures to obtain a grant
3.3.1 open client file
3.3.2 order death certificates
3.3.3 request wills notice search
3.3.4 determine who may act as administrator
3.3.5 compile list of deceased's assets and liabilities
3.3.6 complete disclosure documents
3.3.7 complete affidavits, renunciations and consents
3.3.8 apply for grant of letters of administration with will annexed
4. Grant of Letters of Administration
4.1 Gathering information re deceased’s estate
4.2 Rules regarding notice, execution, and delivery of documents under the Estate Administration Act
4.3 Procedures to obtain a grant
4.3.1 open client file
4.3.2 order death certificates
4.3.3 request wills notice search
4.3.4 determine who may act as administrator
4.3.5 determine who may inherit in an intestate estate
4.3.6 compile list of deceased's assets and liabilities
4.3.7 complete disclosure documents
4.3.8 complete affidavits, renunciations and consents
4.3.9 apply for grant of letters of administration
- 5. Transmission and transfer of assets:
5.1 Procedures prior to distribution
5.1.1 Income tax returns and clearance certificates
5.1.2 Notice to creditors
5.2 Distribution of Assets
5.2.1 Transfer of real property
5.2.2 Transfer of personal property
5.3 Winding up an estate
5.3.1 Preparation of accounts
5.3.2 Passing accounts or obtaining waivers
5.3.3 Releases
The learner has reliably demonstrated the ability to:
- communicate effectively, using the language, theory and precedents of wills and estates;
- use the concepts of wills and estates to analyze and solve problems independently and collaboratively;
- identify the statutes, both provincial and federal, as they apply to wills and estates;
- translate an understanding of the theory of wills and estates by creating accurate correspondence and documentation relating to preparation of accurate Wills and codicils, applications made for Letters Probate, Letters of Administration with Will Annexed and Letters of Administration, and transmission and transfer of the deceased’s assets.
Assignments (minimum of 5) 15%
Timed Production Evaluations (minimum of 4) 50%
Comprehensive Theory Evaluation 25%
Participation 10%
100%
Textbooks and Materials to be Purchased by Students:
Paige, Sheila and Carole Colvin. Wills and Estates Manual, Latest Ed., Douglas College
Paige, Sheila and Carole Colvin. Wills and Estates Precedents, Latest Ed., Douglas College
Colvin, Carole and Sheila Paige. Legal Office Procedures Forms II, Latest Ed., Douglas College
Dukelow, Daphne A. and Betsy Nuse. Pocket Dictionary of Canadian Law, Latest Ed., Carswell, Barrie, Ontario (Also used in OADM 1425, OADM 1426, OADM 1427, OADM 1428)