BC Probate & Estate Administration Practice Manual

This book is essential for: a resource for junior lawyers and legal support staff and a reference for all other practitioners in this area of law.

Current to: April 14, 2010  

If you do any work in probate and estate administration, you know how big the room for error is. Since it was first published in 1979, the BC Probate and Estate Administration Practice Manual has been the resource the legal profession has turned to when handling probate and estate administration matters in British Columbia.

This two-volume practice-oriented guide covers all the basics, and takes you step by step through a probate and estate matter. The book is prepared by leading practitioners of the BC bar and reviewed by an expert editorial advisory board. Subscriptions include online access with search capability and links to the full text of case law and legislation, updates each spring, and forms and precedents on CD-ROM.

Highlights of the 2010 Update

• the revisions in the 2010 Update are extensive, requiring a complete replacement of both volumes
• the Supreme Court Civil Rules, B.C. Reg. 168/2009 replace the Supreme Court Rules, B.C. Reg. 221/90, on July 1, 2010; the 2010 Update discusses the new Rules throughout, with references to the former Rules where appropriate
• most forms and precedents in volume 2 have been revised for the new Rules or other developments; and some forms are entirely new to reflect the new Rules
• the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (the “WESA”) is expected to come into force in 2011, which will require significant changes to the Manual next year; several of the proposed changes to the law under the WESA are discussed in the 2010 Update, usually indicated with the tag [WESA alert]
• for more information, see the blue-page Bulletin to Subscribers dated April 15, 2010 included in the front material of the manual

Chapters

1. Initial Advice
2. Assets and Liabilities: Valuation and Inventory 
3. Some Pre-Application Matters 
4. Devolution of Assets on Death 
5. Applications for Probate
6. Applications for Administration
7. Probate Fees
8. Grants for Estates of Non-Residents Where Foreign Grant Has Been Issued
9. Applications in the Course of Administration
10. Transmission and Transfer of Assets
11. Creditors
12. Taxation of the Deceased
13. Taxation of Estates and Testamentary Trusts
14. Special Tax Issues
15. Accounts
16. Remuneration of Personal Representatives and Trustees
17. Solicitors' Remuneration
18. Probate Actions
19. Wills Variation Act
20. Estates Under the Indian Act
21. Conflict of Laws in Estate Administration

Legislation
Cremation, Interment and Funeral Services Act
Estate Administration Act
Law and Equity Act (ss. 46, 47, 49-51)
Probate Fee Act
Probate Recognition Act
Supreme Court Rules (Rules 61 and 62) and Related Forms
Trustee Act
Wills Act
Wills Variation Act

Checklists
Probate and Estate Administration Interview [CL 1]
Probate and Estate Administration Procedure [CL 2]

Forms and Precedents
Initial Advice
Assets and Liabilities: Valuation and Inventory
Some Pre-Application Matters
Applications for Probate
Applications for Administration
Grants for Estates of Non-Residents Where Foreign Grant Has Been Issued
Applications in the Course of Administration
Transmission and Transfer of Assets
Creditors
Taxation
Accounts
Solicitors' Remuneration
Probate Actions
Wills Variation Act

Features

• complete set of forms and precedents
• checklists
• regular updates
• tables of cases, statutes, and references
• comprehensive index
• convenient looseleaf format with tab indexing
• online access to electronic version with hyperlinks to primary law