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Wills and Estates Revised, 5th Edition

Wills and Estates, Revised 5th Edition thoroughly examines the law and practice surrounding estate planning, administration, and litigation. This resource is divided into three parts—Estate Planning, Estate Administration, and Estate Litigation—with each providing an in-depth exploration of key subjects and “grey areas” that exist in estate law, including wills, powers of attorney, trusts, and mediation.

The revised 5th edition addresses the numerous recent changes implemented to procedures and legislation while maintaining the core structure, content, and pedagogy of the previous edition. Updates include a description of the new process for the administration of small estates introduced by the Smarter and Stronger Justice Act, 2020 and amendments to the Substitute Decisions Act, 1992 and the Succession Law Reform Act introduced by the Accelerating Access to Justice Act, 2021. This revised edition also provides comprehensive coverage of the new and updated estate forms, increase in the value of the preferential share, updated court fees, and more.

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ISBN/ISSN: 978-1-77462-520-0
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ISBN: 978-1-77462-520-0
Publisher: Emond Publishing
Publication Date: May 2023
Status: Coming Soon
Subjects: Wills, Estates, and Trusts
Tags: Higher Education Law Clerk and Legal Assistant

Recent legislative changes, including the new process for administering small estates, changes to the impact of marriage and separation on the interpretation of wills, and the new court-ordered validity process for wills.
Recent changes to the Rules of Civil Procedure, including the new service-by-email and proof-of-service procedures.
Updated and additional samples of various estate and other forms.
Clear identification of the specific role played by law clerks in the practice of estate law.
Real-world examples to help readers relate to the material.
Updated language to reflect changes in the Children’s Law Reform Act.
Additional key terms defined to assist readers with technical language.
Tables, figures, and charts to visually demonstrate key concepts and procedures.

Part I: Estate Planning
Chapter 1: Wills
Chapter 2: Will Clauses
Chapter 3: Interpretation of Wills
Chapter 4: Intestacy
Chapter 5: Powers of Attorney
Chapter 6: Trusts

Part II: Estate Administration
Chapter 7: Proof of the Estate Trustee's Status as Estate Trustee
Chapter 8: Preliminary Steps in Applying for a Certificate of Appointment of Estate Trustee
Chapter 9: Applying for a Certificate of Appointment of Estate Trustee
Chapter 10: Collecting the Assets
Chapter 11: Determining, Notifying, and Paying Creditors of the Estate
Chapter 12: Accounting to the Beneficiaries and Paying the Beneficiaries
Chapter 13: Administering Testamentary and Inter Vivos Trusts and Powers of Attorney

Part III: Estate Litigation
Chapter 14: Challenging the Conduct of the Estate Trustee and Passing of Accounts
Chapter 15: Challenging the Validity of the Will
Chapter 16: Statutory Forms of Estate Litigation
Chapter 17: Mediation in Estate Litigation

Glossary
Index
Credits