Law of Estates and Trusts Overview

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Questions and Answers

Which documents can a Notary Public in British Columbia prepare?

Trust documents

Power of attorney (correct)

Real estate contracts

Wills (correct)

What primarily governs the laws related to estates and trusts in an area?

Federal government regulations

Local municipalities

International treaties

Provincial and territorial governments (correct)

Which federal legislation is relevant to the day-to-day administration of estates?

Family law regulations

Child support guidelines

Bankruptcy laws (correct)

Employment standards act

Which Canadian resource can help individuals find current legislation?

CanLII Signup and view all the answers

What types of laws are governed by provincial and territorial governments concerning estates?

Laws about administrative processes Signup and view all the answers

In British Columbia, what type of document is explicitly excluded from preparation by a Notary Public?

Trust document Signup and view all the answers

Which aspect is considered significant to the administration of estates in relation to federal legislation?

Income tax compliance Signup and view all the answers

What is a resource for looking up cases interpreting specific legislation in Canada?

CANLII's 'note up' feature Signup and view all the answers

What is a primary role of Canadian courts in estate and trust administration?

Reviewing applications for grants of probate or administration. Signup and view all the answers

Which of the following is true regarding Quebec students in the course?

They are required to know the provisions of the Civil Code of Quebec. Signup and view all the answers

Which aspect of the legislation is particularly encouraged for students to engage with?

Reading and understanding the actual text of the legislation. Signup and view all the answers

What type of law matters do provincial or territorial courts in Canada typically handle?

Criminal and family law matters. Signup and view all the answers

What happens if a party is dissatisfied with a court's decision on estate matters?

The dissatisfied party may appeal to a higher level court. Signup and view all the answers

Which of the following services is not typically provided by Canadian courts in estate matters?

Providing legal representation for parties involved. Signup and view all the answers

In which course are the income tax rules governing estate and trust administration introduced?

CETA 3: Estate and Trust Taxation. Signup and view all the answers

Which of the following statements is false regarding complicating provisions in legislation?

Most legislation is complicated and difficult to understand. Signup and view all the answers

What type of matters does a Superior Court typically hear?

All non-criminal matters Signup and view all the answers

What is case law primarily established by?

Written decisions of courts interpreting legal principles Signup and view all the answers

Which phrase best describes the term 'jurisprudence'?

The body of law developed from court decisions Signup and view all the answers

Which option accurately defines the common law system?

A legal system derived from judges' decisions and precedents Signup and view all the answers

What role do the decisions of higher courts play for lower courts in a jurisdiction?

They establish binding precedents for all lower courts Signup and view all the answers

Which specialized courts may exist in some jurisdictions?

Probate courts and small claims courts Signup and view all the answers

What primary characteristic distinguishes the Superior Court from criminal courts?

Superior Courts address non-criminal matters exclusively Signup and view all the answers

What determines a person's domicile according to the content?

The place where one was born combined with their intent to return there Signup and view all the answers

Which court is typically responsible for hearing appeals in a jurisdiction?

The court of appeal Signup and view all the answers

Which statement about residence is correct?

One can have multiple residences and they can be transient Signup and view all the answers

In the absence of a tax treaty, what might occur regarding a person's tax obligations based on residence?

They may be subject to tax in two jurisdictions Signup and view all the answers

Which factor is NOT mentioned as significant in determining residence?

Proximity to family members Signup and view all the answers

What role does intent play in determining domicile?

It helps establish if there will be a permanent return to the place of origin Signup and view all the answers

How does common law assist in defining domicile?

It has developed additional rules beyond basic definitions Signup and view all the answers

According to the context provided, which of the following is not included in defining a resident's significant ties?

Social connections Signup and view all the answers

What is implied about the concept of residence in multiple jurisdictions?

It complicates tax obligations without tax treaties Signup and view all the answers

What is the primary basis for determining a person's domicile according to the CCQ?

The place of their principal establishment Signup and view all the answers

What must accompany a change of domicile to another place?

Intention to make the new location the principal establishment Signup and view all the answers

Which factor is NOT considered when determining domicile?

Age of the individual Signup and view all the answers

How is residence defined in relation to domicile under the CCQ?

The place where a person ordinarily resides Signup and view all the answers

If a person's domicile cannot be established, what is deemed as their domicile?

The place of their residence Signup and view all the answers

Which of the following is a factor that affects the proof of a change of domicile?

A declaration by the person Signup and view all the answers

According to the CCQ, which option correctly describes the relationship between residence and domicile?

Principal residence is considered for establishing domicile Signup and view all the answers

What aspect of a person’s life is LEAST relevant to determining their domicile?

The person's hobbies and interests Signup and view all the answers

Study Notes

Notary Public in British Columbia

A Notary Public can prepare wills, powers of attorney, and representation agreements.
Notaries are not authorized to draft trust documents.

Legislation Governing Estates and Trusts

Provincial and territorial laws oversee wills, estate administration, and trusts.
Federal legislation is typically less relevant, except for the Income Tax Act and specific cases like bankruptcy.
The Canadian Legal Information Institute (CanLII) is a key online resource for accessing laws and related regulations in English and French.
Familiarity with specific legislative provisions is encouraged for students aiming for the Certificate in Estate and Trust Administration.

Role of the Courts

Courts manage estate and trust administration matters, substitute decision-maker oversight, and tax law applications.
Responsibilities include granting probate, reviewing fees, interpreting wills or trusts, and resolving disputes.
Each province/territory has a superior court for non-criminal matters, with some having specialized probate courts.
Canadian court hierarchy consists of provincial/territorial courts, superior courts, and courts of appeal.

Common Law and Legal Precedents

Court decisions establish legal precedents, forming a body of law known as case law or jurisprudence.
This common law system originates from England and applies to British Commonwealth countries.

Understanding Domicile and Residence

Domicile pertains to an individual's permanent home; a person may have multiple residences but only one domicile.
Residence indicates where a person usually lives and can be transient.
Tax obligations can arise from residence, determined by the number of days spent in a jurisdiction.

Quebec’s Civil Law

Quebec's Civil Code governs domicile and residence similarly to common law but includes specific articles (75-83) for civil rights matters.
Domicile change requires actual residence and intent, established through declarations and circumstances.
If domicile remains undetermined, residence is used to establish it.

Factors Influencing Domicile and Residence

Significant ties that determine residence include home location, personal property, social connections, and economic ties (e.g., bank accounts, driver's license, passport).
Case law can further refine the understanding of an individual’s residence based on their closest connections.

Summary of Key Points

Familiarity with relevant legislation and local laws is crucial for practitioners in estate and trust matters.
Courts play a central role in managing disputes and overseeing the probate process.
Understanding the concepts of domicile and residence is important for effective navigation of tax laws and legal obligations.

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Description

This quiz covers key concepts in the Law of Estates and Trusts, specifically focusing on the role of Notary Publics in British Columbia. It touches on the legislation governing the administration of estates, trusts, and the authority of substitute decision-makers. Test your understanding of these legal frameworks and their practical applications.