Agenda
     
   

Wills Planning and Preparation
     
   

The Instructions Stage

  • The initial meeting
  • The right questions to ask on your client questionnaire
  • Taking instructions and note-taking
  • Substantiating capacity and the absence of undue influence
  • Writing interim letters to the client regarding joint retainer and time for completion
  • Giving advice on the estate plan: things to consider and suggestions to make
     
   

The Drafting Stage


  • Practical drafting tips
  • Avoiding drafting problems: how to effectively use a checklist and roadmap
  • How to draft multiple wills
  • Advising on and drafting international wills
  • Drafting exercises for dealing with real property and other potentially complex situations, including:
    - private companies
    - foreign assets
    - cottages
  • Drafting for disabled beneficiaries
  • Effective use of boilerplate clauses
  • Protecting the will at the drafting stage from later challenges
  • Usage of trusts
    - testamentary
    - spousal
    - charitable
    - ‘spendthrift’
    - income-splitting
    - discretionary
  • Insurance designations and insurance trusts
  • RRSP designations: should these be included in the will?
  • Tips and tactics for avoiding common drafting errors
     
   

The Execution and Reporting Stage


  • Techniques to avoid negligence claims
  • Getting a will signed in difficult situations
    - blind, illiterate or non-English-speaking testators
  • Keeping a proper file
    - what must be retained
  • The use of memoranda in wills
  • What to include in the final reporting letter
  • Where the will should be kept
  • Obligation to follow up with the client
     
    Administration of Wills and Estates
     
   
  • Opening the file
    - how many separate files should be opened?
  • Determining who your client is
  • Priorities for the client and the solicitor
  • Setting up an estate agenda
  • Applications for Certificates of Appointment
    - jurisdiction for filing
    - probate tax
    - notices of application
  • When is probate required?
  • Probate avoidance techniques
    - reduction of the estate
    - designated funds
    - multiple wills
    - consequences and problems
  • Testate and intestate estates and the initial investigation of assets and liabilities
    - determining the beneficiaries
    - minors and other incompetent beneficiaries
    - determining formal requirements have been met
    - appointment of estate trustee with or without a will
    - locating the will
    - determining which assets form part of the estate
    - limitation period
  • Advising and reporting to the estate trustee
  • Disclosure issues
    - what are the beneficiaries entitled to know?
  • Gathering and managing the assets
    - special considerations for real property and business

   interests

  • Bankrupt and insolvent estates
    - dealing with debtors and creditors
  • Distributing legacies and residuary distributions
  • Securing and administering the assets (with and without a certificate)
    - proof of death
    - finalizing the estate
    - ongoing estates
    - payment of money into court
    - succession duty
  • Protecting yourself and your client:
    - accounting and releases
  • Income tax and the CRA
    - tax treatment of income, capital and capital gains for the

  terminal year
- strategies to reduce the deceased’s tax bill and

  effectively utilize deductions and credits
- how and when to use opportunities to file a separate

  return for the deceased
- post-mortem tax planning within the first year
- preparing tax returns for the estate
- applying for clearance certificates

  • Executor’s compensation vs. legal fees
  • Dangers and problems of intestacies
  • Ascertainment of heirs on intestacy
  • Potential liability issues facing the estate trustee
  • Winding-up the estate as efficiently as possible
  • How to close an estate administration file