Legislation

The Estates&TrustsSource legislation database contains all current federal, provincial and territorial legislation essential to an estates and trusts law practice.

Estates&TrustsSource Legislation Collection

The following full-text statutes, rules and regulations are included with your Estates&TrustsSource subscription.

Federal

• Bankruptcy and Insolvency Act
• Canada Business Corporations Act
• Canada Pension Plan Act
• Canada Pension Plan Regulations under Canada Pension Plan Act
• Canadian Forces Superannuation Act
• Canadian Forces Superannuation Regulations under Canadian Forces Superannuation Act
• Children of Deceased Veterans Education Assistance Act
• Children of Deceased Veterans Education Assistance Regulations
• Citizenship Act
• Income Tax Act
• Indian Estates Regulations under Indian Act
• Old Age Security Act
• Old Age Security Regulations under Old Age Security Act
• Pension Act
• Award Regulations under Pension Act
• Pension Benefits Division Act
• Pension Benefits Division Regulations under Pension Benefits Division Act
• Public Service Superannuation Act
• Public Service Superannuation Regulations under Public Service Superannuation Act
• Supplementary Death Benefit Regulations Under Public Service Superannuation Act

Alberta

• Administration of Estates Act
• Alberta Evidence Act
• Devolution of Real Property Act
• Dependants Relief Act
• Dower Act and Regulations
• Insurance Act
• International Conventions Implementation Act
• Intestate Succession Act
• Law of Property Act
• Legitimacy Act
• Matrimonial Property Act and Regulations
• Perpetuities Act
• Personal Directives Act and Regulations
• Powers of Attorney Act
• Public Trustee Act and Regulations
• Surrogate Rules under the Court of Queen’s Bench Act
• Trustee Act
• Wills Act and Regulations

British Columbia

• Adoption Act and Regulations
• Adult Guardianship Act and Regulations
• Conflict of Laws Rules for Trusts Act
• Estate Administration Act and Regulations
• Estate of Missing Persons Act
• Family Relations Act and Regulations
• Health Care (Consent) and Care Facility (Admission) Act and Regulations
• Human Tissue Gift Act and Regulations
• Infants Act
• Insurance Act
• International Trusts Act
• Land (Spouse Protection) Act and Regulations
• Law and Equity Act and Regulations
• Patients’ Property Act and Regulations
• Pension Benefits Standard Act and Regulations
• Perpetuity Act
• Power of Attorney Act
• Probate Fee Act
• Probate Recognition Act
• Property Law Act
• Public Guardian and Trustee Act and Regulations
• Representation Agreement Act and Regulations
• Supreme Court Act
• Survivorship and Presumption of Death Act
• Trust and Settlement Variation Act
• Trustee Act
• Wills Act and Regulations
• Wills Variation Act

Manitoba

• Child and Family Services Act
• The Court of Queen’s Bench Act and Rules
• The Court of Queen’s Bench Surrogate Practice Act
• The Dependants Relief Act 
• The Domicile and Habitual Residence Act
• Family Maintenance Act
• The Family Property Act
• The Health Care Directives Act
• Homesteads Act and Regulations
• The Human Tissue Gift Act
• The Infants’ Estates Act
• Insurance Act
• The International Trusts Act
• The Intestate Succession Act
• The Law Fees and Probate Charge Act and Regulations
• The Law of Property Act
• Married Women’s Property Act
• The Pension Benefits Act and Regulations
• The Perpetuities and Accumulations Act
• The Powers of Attorney Act
• The Presumption of Death Act
• The Public Trustee Act and Regulations
• The Survivorship Act
• The Trustee Act and Regulations
• The Wills Act

New Brunswick

• Cemetery Companies Act
• Devolution of Estates Act
• Executors and Trustees Act 
• Family Maintenance Act
• Family Services Act
• Guardianship of Children Act
• Human Tissue Gift Act
• Insurance Act
• Infirm Person Act
• International Trust Act
• International Wills Act
• Judicature Act and Rules of Court
• Marital Property Act
• Married Woman’s Property Act
• Pension Benefits Act and Regulations
• Presumption of Death Act
• Probate Court Act and Rules and Regulations
• Property Act
• Provision for Dependants Act 
• Survival of Actions Act
• Survivorship Act 
• Trustees Act and Regulations
• Wills Act

Newfoundland and Labrador

• Adoption Act
• Adoption Regulations
• Advance Health Care Directives Act
• Chattels Real
• Children’s Law Act
• Enduring Powers of Attorney Act
• Family Relief Act
• Human Tissue Act
• International Trusts Act
• Intestate Succession Act
• Judicature Act and Rules of the Supreme Court
• Life Insurance Act
• Pension Benefits Act and Regulations
• Perpetuities and Accumulations Act
• Presumption of Death Act
• Public Trustee Act
• Survivorship Act
• Survival of Actions Act
• Trustee Act
• Wills Act

Northwest Territories

• Child Welfare Act
• Children’s Law Act
• Dependants Relief Act
• Devolution of Real Property Act 
• Human Tissue Act 
• Insurance Act and Regulations
• Intestate Succession Act
• Judicature Act and Regulations
• Perpetuities Act
• Personal Directives Act
• Public Trustee Act  and Regulations
• Probate Administration and Guardianship Rules of the Supreme Court of the Northwest Territories
• Survivorship Act
• Tenants in Common Act
• Trustee Act 
• Variation of Trusts Act
• Wills Act 

Nova Scotia

• Children and Family Services Act
• Costs and Fees Act and Regulations
• Human Tissue Gift Act
• Insurance Act
• International Wills Act
• Intestate Succession Act and Regulations
• Judicature Act
• Maintenance and Custody Act
• Married Women’s Property Act
• Matrimonial Property Act
• Pension Benefits Act and Regulations
• Personal Directives Act
• Powers of Attorney Act
• Presumption of Death Act
• Probate Act and Regulations
• Public Trustee Act and Regulations
• Survivorship Act
• Testators’ Family Maintenance Act
• Trustee Act
• Variation of Trusts Act
• Wills Act

Nunavut

• Children’s Law Act
• Dependants Relief Act
• Devolution of Real Property Act
• Guardianship and Trusteeship Act and Regulations
• Human Tissue Act
• Intestate Succession Act
• Judicature Act and Regulations
• Perpetuities Act
• Powers of Attorney Act
• Presumption of Death Act
• Probate and Administration and Guardianship Rules of the Nunavut Court of Justice
• Public Trustee Act and Regulations
• Retirement Plan Beneficiaries Act 
• Survivorship Act
• Trustee Act 
• Variation of Trusts Act
• Wills Act

Ontario

• Absentees Act
• Accumulations Act
• Administration of Justice Act and Regulations
• Age of Majority and Accountability Act
• Aliens' Real Property Act 
• Apportionment Act
• Cemeteries Act (Revised)
• Charities Accounting Act and Regulations
• Children’s Law Reform Act 
• Conveyancing and Law of Property Act
• Crown Administration of Estates Act
• Courts of Justice Act
• Rules of Civil Procedure
• Declarations of Death Act, 2002 
• Estate Administration Tax Act, 1998 
• Estates Act
• Estates Administration Act
• Evidence Act
• Family Law Act and Regulations
• Health Care Consent Act and Regulations
• Insurance Act
• Land Titles Act and Regulations
• Limitations Act, 2002
• Mental Health Act and Regulations
• Pension Benefits Act
• Perpetuities Act
• Power of Attorney Act
• Public Guardian and Trustee Act and Regulations
• Public Service Pension Act
• Registry Act
• Settled Estates Act
• Substitute Decisions Act and Regulations
• Succession Law Reform Act and Regulations
• Trillium Gift of Life Network Act and Regulations
• Trustee Act
• Variation of Trusts Act

Prince Edward Island

• Adoption Act
• Child Status Act and Regulations
• Commorientes Act
• Consent to Treatment and Health Care Directives Act
• Dependants of a Deceased Person Relief Act
• Designation of Beneficiaries under Benefit Plans Act
• Human Tissue Donation Act and Regulations
• Insurance Act
• Judicature Act
• Official Trustee Act and Regulations
• Perpetuities Act
• Powers of Attorney Act
• Public Trustee Act and Regulations
• Probate Act
• Real Property Act
• Provincial Administrator of Estates Act
• Rules of Civil Procedure
• Survival of Actions Act
• Trustee Act and Regulations

Saskatchewan

• The Administration of Estates Act and Regulations
• The Adult Guardianship and Co-decision-making Act and Regulations
• The Dependants Relief Act and Regulations
• The Devolution of Real Property Act
• The Family Property Act
• The Homesteads Act and Regulations
• The Human Tissue Gift Act
• The Health Care Directives and Substitute Health Care Decision Makers Act
• The Intestate Succession Act 
• The Pension Benefits Act and Regulations
• The Powers of Attorney Act and Regulations
• The Public Guardian and Trustee Act and Regulations
• The Queen’s Bench (Surrogate Procedures) Amendment Act
• The Queen’s Bench Rules under the Rules of Court
• The Survivorship Act
• The Trustee Act Regulation under the Trustee Act
• The Trustee Act, 2009
• The Trusts Convention Implementation Act
• The Wills Act and Regulations

Yukon

• Adult Protection and Decision-Making Act and Regulations
• Care Consent Act
• Children’s Act
• Dependants Relief Act
• Devolution of Real Property Act
• Enduring Power of Attorney Act
• Estate Administration Act and Regulations
• Family Property and Support Act
• Human Tissue Gift Act
• Insurance Act
• Judicature Act and Regulations
• Perpetuities Act
• Perpetuities and Accumulations Repeal Act
• Presumption of Death Act
• Public Guardian and Trustee Act and Regulations
• Supreme Court Act
• Survival of Actions Act
• Survivorship Act
• Tenants in Common Act
• Trustee Act
• Variation of Trusts Act
• Wills Act

The Canadian Encyclopedic Digest   The CED is a comprehensive statement of Ontario and Western law – provincial, federal and common law – as derived from statute and case law. More than 225 subject titles on every aspect of Canadian law and practice are covered, referencing tens of thousands of case law authorities and statutory provisions. Titles are regularly supplemented and updated.  An Estates&TrustsSource subscription includes the following CED titles:   Absentees Burial and Cremation (Ontario) Burial and Cremation (Western) Charities (Ontario) Charities (Western) Devolution of Estates (Ontario) Devolution of Estates (Western) Execution (Ontario) Execution (Western) Executors and Administrators (Ontario) Executors and Administrators (Western) Family Law (Divorce) Family Law (General) (Ontario) Family Law (General) (Western) Family Law (Property) Gifts Income Tax Title Insurance Mental Incompetency (Ontario) Mental Incompetency (Western) Perpetuities and Accumulations Trusts Wills

Fillable Forms

Estates&TrustsSource contains fillable forms in either rich text format (RTF) or portable document format (PDF).  These forms have been created by Carswell based on precedents from:

• Alberta Estate Administration Manual
• Adlington, et al.'s Howlett's Estate Administration in Atlantic Canada
• Armstrong’s Estate Administration: A Solicitor’s Reference Guide
• Giesbrecht's Manitoba Estate Administration Manual
• Histrop’s Estate Planning Precedents
• Saskatchewan Estate Administration Manual
• Schnurr’s Estate Litigation
• Seckel’s B.C. Estate Administration
• Various federal, provincial and territorial statutes, rules and regulations

Commentary

Estates&TrustsSource contains an extensive collection of Carswell's estates and trusts law treatises from leading estate and trust law experts, as well as a collection of articles and case comments that appear in Carswell's print law reports. The commentary on Estates&TrustsSource includes:

Alberta Estate Administration Manual

Atlantic Canada Estate Administration Manual (based on Adlington, et al., Howlett’s Estate Administration in Atlantic Canada, 2d ed.)

Articles from the Estates and Trusts Reports

B.C. Estate Administration Manual (based on Seckel, B.C. Estate Administration)

Estate Litigation, 2d ed. (Schnurr)

Estate Planning Handbook, 3^rd ed. (Allen and Allen)

Estate Planning Precedents (Histrop)

Manitoba Estate Administration Manual (Giesbrecht)

Ontario Estate Administration Manual (Armstrong)

Saskatchewan Estate Administration Manual

Selected CED Estates and Trusts Titles (based on the Canadian Encyclopedic Digest)

Waters’ Law of Trusts in Canada, 3^rd ed. (Waters et al.)

Widdifield on Executors and Trustees (Theriault, ed.)

Newsletter

Estates&TrustsSource Source's newsletter, WeirFoulds Estates&Trusts Newsletter, is written by estates and trusts law expert Lori Duffy, partner with Weir Foulds LLP. 

KeyCite Canada

KeyCite Canada is Westlaw Canada’s online citator based on The Canadian Abridgment’s Canadian Case Citations and Canadian Statute Citations. It notes:

• the history of Canadian cases,
• the judicial consideration of any case, Canadian or foreign, in a Canadian judicial decision,
• the judicial consideration by Canadian courts of Canadian federal, provincial and territorial statutes, as well as international treaties and foreign statutes, and
• citing references to cases from secondary sources on Westlaw Canada.

KeyCite Canada Coverage

KeyCite Canada for cases covers the direct appellate history of Canadian cases, plus treatments for any case, whether foreign or Canadian, discussed by a Canadian court or tribunal, or a secondary source on Westlaw Canada. Coverage includes:

Comprehensive histories of Canadian cases, and judicial treatment information for Canadian or foreign cases, found in:

• Canadian reported cases from 1986 forward,
• Canadian unreported Court of Appeal cases since 1987,
• Canadian unreported superior court cases from 1993 forward, and
• Other Canadian cases since late 1998,
• Selective history and judicial treatments back to the 1800s.
• Canadian unreported superior court cases from 1993 forward, and
• Other Canadian cases since late 1998,

  Selective history and judicial treatments back to the 1800s.

KeyCite Canada for legislation covers treatment of statutes or rules, whether foreign or Canadian, and international treaties or conventions discussed by Canadian courts and tribunals or secondary sources on Westlaw Canada. Coverage includes

Comprehensive judicial treatment of statutes, rules, treaties or conventions found in:

·         Canadian reported cases from 1980 forward,

·         Canadian unreported Court of Appeal cases since 1987,

·         Canadian unreported superior court cases from 1993 forward,

·         Other Canadian cases since late 1998,

Selective judicial treatments back to the 1800s.

The Canadian Abridgment

Canadian Abridgment Case Digests

The Canadian Abridgment Case Digests is a comprehensive collection of over 550,000 digests of Canadian case law that is organized by legal issue according to a single taxonomy (The Canadian Abridgment Key Classification System). This collection is exclusive to Carswell, and covers virtually every case reported in Canada since 1803, and every reported or unreported case received from the courts since 1986, with the exception of Quebec civil law cases. New case digests are added to Westlaw Canada every day. Abridgment Digests are written by lawyers and adhere to strict editorial standards.

Abridgment Digests are more than just a general summary of the facts and proceedings in a particular case. They are written on an issue-by-issue basis, and a single judgment may have several case digests, one for each legal issue considered in the case. Standard classification phrases derived from the Abridgment Key Classification System are used to identify the legal issue, and to ensure that all Digests on a particular issue are gathered together. Most Digests also include a brief summary of the facts and ratio of the case. The case citation following the Digest includes the direct appellate history of the case as it pertains to the particular legal issue being digested.

Canadian Case Citations and Canadian Statute Citations

See KeyCite Canada.

Canada Revenue Agency Publications

Estates&TrustsSource includes the full-text of Canada Revenue Agency publications currently in effect, editorially selected by Carswell for relevance to estates and trusts practitioners.  The types of publications included are Interpretation Bulletins, Information Circulars, Advance Tax Rulings and Views. 

Build-a-Will

Estates&TrustsSource subscribers are able to link to a separate document-building application called Build-a-Will, available exclusively to subscribers to the service.  This application allows users to create fully-formatted, custom-created Wills based on precedent clauses from Lindsay Histrop’s Estate Planning Precedents, a Carswell looseleaf publication.

The Canadian Abridgment eDigests

The Canadian Abridgment eDigests are a current awareness service that is designed to help lawyers and legal researchers keep abreast of the latest developments in case law for a particular topic. The content is derived from case digests that have been written for The Canadian Abridgment Case Digests. The Canadian Abridgment eDigests are available for specific topical areas, and represent a sub-set of all of the cases digested for The Canadian Abridgment, excluding cases that are judged to have little precedential value.

LawSource subscribers receive all of the available topics. Specialty Source subscribers (i.e., Estates&TrustsSource, FamilySource, CriminalSource, InsolvencySource, SecuritiesSource, IPSource) receive the topics that correspond to their specialty. The Canadian Abridgment eDigests are available to Westlaw Canada subscribers, at no extra charge.

The following topics are currently available:

The list of available topics will continue to grow. Please watch for announcements from Carswell regarding the availability of new topics.