August 2019

Practitioners Guide to Estate Practice, 8th Edition

LexisNexis Canada

Lawyers practising estate law – either as their main focus or as part of their practice – have long considered this book to be a time-saving resource, covering both contentious and non-contentious estate legal issues. Practitioners handling an estate administration file, no matter how seasoned, have found themselves, time and time again, reaching for this guide book. Written by a leading practitioner in the estates, wills and trusts area of law, this handy practice manual is filled with insightful commentary and up-to-date forms and precedents.

New in this Edition:

  • Revised analysis of the requirements for the application for a certificate of appointment of estate trustee
  • Significantly amended commentary on estate administration tax
  • Extensively revamped discussion on registered funds to named beneficiary (RRSP/RRIF)
  • New section on tax-free savings plans
  • Detailed examination of life insurance to named beneficiary and “segregated funds”
  • Discussion of contempt of court proceedings to enforce orders and the applicable criteria
  • Seven indicators of undue influence as found in the Ontario Superior Court decision, Morris v. Rvard
  • Revised definitions of dependants as a result of the All Families are Equal Act which amends the definition of “spouse” and “child”
  • Outline of the Court of Appeal rules governing an estate trustee’s ability to recover legal costs from an estate, referencing the Ontario Court of Appeal’s decision in Brown v. Rigsby
  • Updated discussion on the standard of care required of attorney/guardian and determination of incapacity