The fifth edition of Wills and Estates thoroughly examines the law and practice surrounding estate planning, administration, and litigation. This resource is divided into three parts, each section providing an in-depth exploration of key subjects and “grey areas” that exist in estate law, including wills, powers of attorney, trusts, and mediation.

Drawing from 20 years of experience in the field of estate law and estate disputes, author Derek Fazakas approaches each topic from all angles, identifying problem areas and proposing solutions.

This edition features updated policies, processes, cases, and legislation (Bills 161 and 245). Content is illustrated through “real-life” examples, descriptions of law clerk tasks, and sample documents.

• Identification of the specific role played by law clerks in the practice of estate law
• Updated policies, processes, and recent legislation (Bills 161 and 245), including latest Ontario administration tax changes
• Increased number of references to recent case law
• Additional “real-life” examples to help readers relate to the material
• Additional figures to demonstrate key concepts and procedures

Part I: Estate Planning
Chapter 1: Wills
Chapter 2: Will Clauses
Chapter 3: Interpretation of Wills
Chapter 4: Intestacy
Chapter 5: Powers of Attorney
Chapter 6: Trusts

Part II: Estate Administration
Chapter 7: Proof of the Estate Trustee's Status as Estate Trustee
Chapter 8: Preliminary Steps in Applying for a Certificate of Appointment of Estate Trustee
Chapter 9: Applying for a Certificate of Appointment of Estate Trustee
Chapter 10: Collecting the Assets
Chapter 11: Determining, Notifying, and Paying Creditors of the Estate
Chapter 12: Accounting to the Beneficiaries and Paying the Beneficiaries
Chapter 13: Administering Testamentary and Inter Vivos Trusts and Powers of Attorney

Part III: Estate Litigation
Chapter 14: Challenging the Conduct of the Estate Trustee and Passing of Accounts
Chapter 15: Challenging the Validity of the Will
Chapter 16: Statutory Forms of Estate Litigation
Chapter 17: Mediation in Estate Litigation

Glossary
Index
Credits

Chapter 1: Wills

The spouse’s preferential share (the amount that automatically goes to a surviving spouse in the event of the death of a spouse where there is no will) changed in Ontario on March 1, 2021 from $200,000 to $350,000. Please note this change for the following pages. The text will be updated when it is reprinted.

Chapter 8 / Preliminary Steps
Page 141, paragraph 3: Change Mr. Larise to Mr. Tremblay: “…and an authorization and direction from Mr. Tremblay.”
Page 149, figure 8.6: Estate administration tax should be changed from $2,725 to $2,475.
Page 150, figure 8.7: In main paragraph, amount should be changed from $2,725 to $2,475.

Chapter 9 / Applying for a Certificate
Page 160, figure 9.1: Under “county or district,” the information “Municipality of Metropolitan Toronto” can be removed.
Page 167, paragraph 3: Signature of Deponent should be changed from Mr. Larise to Mr. Tremblay.
Page 181, middle of form: “In person” box should be checked off.

Chapter 14 / Challenging the Conduct of the Estate Trustee
Page 307, top paragraph, fee should be changed from $390 to $407.