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BC Probate & Estate Administration Practice Manual--ONLINE ACCESS

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Manage your probate and estate matters with confidence

This publication is essential for: practitioners who do estate administration or estate litigation work.

Current to: March 1, 2018

If you work in estate administration, you know there is a high potential for error. Reduce the risk with BC  Probate & Estate Practice Manual, which takes you step-by step through handling probate and estate matters in BC. This longstanding manual is the answer to all your probate and estate administration questions, from initial contact with a personal representative to post-grant issues. This manual also covers difficult tax and conflict of laws issues, as well as potential areas for estate litigation.

With this resource, you will be able to:

  • confidently advise personal representatives on how to successfully administer an estate

  • prepare for and make probate and estate administration applications

  • better avoid and handle contentious areas during the estate administration process

Highlights of the 2018 update

  • inclusion of key income tax changes, including the broadening of tax on split income (TOSI) and new amendments affecting the principal residence exemption

  • discussion of new developments regarding property transfer tax returns, additional property transfer tax, and other issues affecting LTSA filings

  • new or expanded topics, such as:

    • transmission and transfer of corporate shares (CH 10)

    • summary passing of accounts (CH 15)

    • statutory obligations relevant to personal representative’s remuneration (CH 16)

    • testamentary capacity under the Indian Act (CH 20)

  • over 50 new cases; examples of topics affected:

    • WESA, s. 58 (e.g., Re Hadley Estate, 2017 BCCA 311);

    • removal of executors (e.g., Re Elphinstone Estate, 2017 BCSC 1404; Rodgers v. Rodgers Estate, 2017 BCSC 518)

    • quantum of personal representative remuneration (e.g., Re Haley, 2017 BCSC 2057; Re Collett Estate, 2017 BCSC 473; Re Sangha, 2018 BCSC 54; Re de Beerenbrouk Estate, 2017 BCSC 1785)

    • costs of passing of accounts (Re Coyne Estate, 2017 BCSC 840; Re Rodgers Estate, 2017 BCSC 2001);

    • resulting trusts (Grosseth Estate v. Grosseth, 2017 BCSC 2055; Re Stade Estate, 2017 BCSC 2354);

    • personal representative’s right to claim arrears of child support (Carpentier v. BC (Director of Family Maintenance Enforcement), 2018 BCCA 109)

  • updates throughout to incorporate all federal and provincial legislative and regulatory developments since last year’s update

CLEBC Legal Editor
Jonathan M. Vogt
jvogt@cle.bc.ca

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