Probate & Estate Administration Learning Module

Disclaimer

The information contained in these modules, including any references to websites, appendices or links, has been prepared to assist readers as they develop or refresh their skills in the various areas of law covered by the modules. Given the changing nature of the law, readers should exercise their own skill and professional judgment when reviewing the content. Always refer to the most current statutes, regulations, and practice directions, as well as the most recent case law and any other appropriate sources. These materials do not provide legal advice and should not be relied on in any way.

As you read through this module, if you find any information that is unclear, inaccurate or outdated, please advise the course facilitator.

  1. Introduction

  2. Meeting the Client

  3. Gathering Information

  4. Grant Applications - Probate and Administration

  5. Transferring Assets

  6. Dealing with Creditors

  7. Tax Consequences

  8. Executors' Accounts

  9. Remuneration of Personal Representative

  10. Additional Resources

Community Discussion

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Questions 9 and 17 of the quiz are out of date, as they refer to legislation that has been repealed.

None of the answers to Question 15 seem correct given it is stated in the course materials:

However, subsection 53(3) of WESA now abrogates the common law presumption of satisfaction.  Where a creditor of the will-maker is made a beneficiary, it will no longer be presumed that a debt owed by a will-maker is satisfied by a legacy to that person. Subject to a contrary intention in the will, the personal representative, if satisfied of the validity of the claim, will be required to pay the legacy as well as the debt.