LEG309 - Wills & Estates Practice & Procedures

Outline info
Semester
School
Last revision date 2017-08-28 13:02:03.504
Last review date 2017-08-28 13:02:03.506


Subject Title
Wills & Estates Practice & Procedures

Subject Description
The course focuses on the function and drafting of Wills and Powers of Attorney and the laws and procedures relating to the administration of estates in Ontario.

Credit Status
This is a credit subject applicable towards the Legal Assistant Certificate Program offered through the Faculty of Continuing Education and Training.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

Upon successful completion of this course the student will be able to:

•Demonstrate an understanding of the meaning and use of basic estates law terminology

•Understand and articulate the application of relevant legislation to testacies and intestacies

•Describe the legal requirements relating to execution of a will and legal capacity of a testator

•Demonstrate an understanding of the use and drafting of clauses commonly included in a will

•Describe the various methods of amending or revoking a will

•Understand the application of survivorship presumptions to wills and intestate succession

•Articulate the various instances where property of a deceased might not be included in the assets under administration by the estate trustee

•Demonstrate an understanding of and ability to prepare all necessary documentation to obtain an appointment of estate trustee with or without a will

•Describe the practice and procedures for collecting assets, administering estates and distributing the real and personal property of a deceased person

•Demonstrate an understanding of the various stages of accounting to the beneficiaries and the contents of the required documentation

•Demonstrate a familiarity with the rules and legislation applicable to the administration of inter vivos and testamentary trusts and their trustee.

•Describe the procedures and grounds for challenging the validity of a will or the conduct of the estate trustees

•Demonstrate an understanding of the function and formal requirements of the different forms of Powers of Attorney

•Understand the application of the Substitute Decisions Act, 1992 and the Health Care Consent Act, 1996 to Powers of Attorney for Personal Care

•Draft a Power of Attorney for Property and Personal Care

Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Respond to written, spoken, or visual messages in a manner that ensures effective communication.

Apply a systematic approach to solve problems.

Use a variety of thinking skills to anticipate and solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Show respect for diverse opinions, values, belief systems, and contributions of others.

Manage the use of time and other resources to complete projects.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Prerequisite(s)
Legal Office Procedures, Legal Terminology

Topic Outline

  • Introduction to Wills and Estates
  • Intestacy
  • Testacy
  • Administration of the Estate
  • Estate Litigation
  • Powers of Attorney
  • Trust and their administration
  • Gaurdianships

Prescribed Texts
Title: Wills and Estates
Author: Fazakas, Derek
Publisher: Emond Montgomery
Edition: 4th
ISBN: 978-1-77255-205-8

Reference Material
Recommended but optional:

Title: Ontario Estates and Trusts Legislation
Publisher: Canada Law Book
Edition: Latest edition

and

Title: Ontario Annual Practice -  2 volumes plus CD
Publisher: Canada Law Book
Edition: Latest edition

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
OR
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.


Modes of Evaluation
1 Assignment 25%
1 Assignment 35%
Final Exam 40%

The student must attain a combined grade of at least 50% on the term work and the final exam to pass the course.

Approved by: Sandra Noble