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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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