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, legislation, and cases. 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 legislation, including 2020 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