By Lawyers is pleased to announce the release of new content in our Estate Administration publication.

Practitioners now have access to comprehensive guidance on all aspects of estate administration, covering every stage of the process, from gathering information about a deceased person’s assets and liabilities, to preparing applications for certificates of appointment, administering estate assets, completing the Estate Information Return, addressing tax obligations, and accounting to beneficiaries.

The application process for each type of certificate of appointment is explained in detail, with practical guidance, best practice tips, legal precedents, required forms, and answers to common questions. Practitioners can confidently rely on By Lawyers when applying for a:

• Certificate of Appointment of Estate Trustee with a Will;

• Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will;

• Certificate of Appointment of Estate Trustee without a Will;

• Small Estate Certificate;

• Amended Small Estate Certificate;

• Confirmation by Resealing of Appointment of Estate Trustee;

• Certificate of Ancillary Appointment of Estate Trustee with a Will;

• Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will;

• Certificate of Appointment of Estate Trustee During Litigation;

• Certificate of Appointment of Succeeding Estate Trustee; and 

• Court Status Certificate – Confirmation of Estate Trustees.

Detailed guidance and professionally drafted precedents are also included to assist practitioners with the sale and transfer of estate assets, completion of the Estate Information Return, applications for Estate Administration Tax refunds, and payment of additional Estate Administration Tax where required. 

Practical guidance and precedents are provided for advertising for creditors, making payments to creditors, and obtaining vouchers to confirm payment. The publication also includes detailed instructions on reviewing creditor claims and serving a Notice of Contestation where necessary.

The publication also addresses tax obligations in depth, including discussion of capital gains, rollovers, elections to avoid rollovers, lifetime capital gains exemptions for qualified small business corporation shares, registered plans, tax free savings accounts, and applications for clearance certificates from the CRA.

Important matters relating to accounting, executor compensation, and distributions to beneficiaries are comprehensively covered. A substantial library of precedents supports practitioners in documenting distributions and transfers to beneficiaries, including Acknowledgement and Release forms, Release and Indemnity forms, and informal accounting letters.

To support practitioners handling estate litigation matters, extensive commentary, precedents, and matter plan guidance have been included on:

• passing accounts;

• notices of objection;

• applications or motions for directions;

• applications to prove a testamentary instrument;

• challenges to the validity of a will;

• applications to revoke a certificate of appointment;

• motion for orders for assistance;

• statutory estate litigation under the Family Law Act and the Succession Law Reform Act; and

• mandatory mediation in estate litigation disputes.

This expansive new Estate Administration publication provides lawyers at every level of experience with the practical guidance, precedents, and plain language commentary needed to build expertise and practise with confidence. Explore By Lawyers Estate Administration publication on our website.

Used together, By Lawyers matter plans, commentaries, and precedents give law firms a best practice system for conducting matters from start to finish.

If you have questions about how By Lawyers can help your firm, these short videos are a great first step!