Probate

KNOWLEDGE EXPECTED OF: QAFP® Professionals

Highest Knowledge Level: Understanding


Knowledge Levels and Associated Verbs


Awareness
The state of being aware that something exists / to have familiarity with a particular activity or subject
Understanding
To comprehend the general relationship of particulars / to have an expertise with how something works
Application
Ability to put information to use / to use knowledge for relevant, practical purposes
Evaluation
To judge or conclude by utilizing data / a systematic determination of something’s worth or significance
Define
To state exactly the meaning of
Identify
To be aware of / to recognize and correctly name / to locate an appropriate resource
Explain
To make clear the meaning of / to describe something in more detail or reveal relevant facts or ideas related to it
Determine
To ascertain / to come to a decision, such as by investigation or reasoning
Compare
To note the similarities and differences between two or more things
Estimate
To determine an approximate value for
Calculate
To find the value using mathematics
Convert
To change from one form or purpose to another
Evaluate
To reach a conclusion or make a through careful study
Interpret
To give the meaning of / to construe or understand / to translate orally

Hold cursor over or click on each term to read its definition.

  • Define probate.
  • Identify that the process for probate may differ across jurisdictions. 
  • Identify variables that may be used to determine the jurisdiction where probate is required.
    • Based on residency of the deceased
    • Based on residency of the asset
  • Identify characteristics of assets that may be subject to probate, such as:
    • Owned wholly by the deceased individual
    • Owned as a tenant in common by the deceased individual
    • Do not have a beneficiary named
    • Have the estate named as beneficiary
    • Form part of deceased’s estate
  • Identify the treatment of an asset for which there is no named beneficiary.
  • Explain the impact of naming the estate of the deceased individual as the beneficiary of an asset.
  • Identify characteristics of assets that may not be subject to probate, such as:
    • Owned joint with right of survivorship
    • Have a named beneficiary
    • Do not form part of the deceased’s estate
    • Life interest in property
  • Identify assets for which a beneficiary may be named, such as:
    • Registered Retirement Savings Plan (RRSP)
    • Registered Retirement Income Fund (RRIF)
    • Tax-Free Savings Account (TFSA)
    • Locked-In Retirement Savings Vehicles
    • Locked-In Retirement Income Vehicles
    • Segregated Fund
    • Life Insurance Policy
    • Annuity
    • Pension Plan
  • Explain the importance of naming a beneficiary for assets that are permitted to have a named beneficiary.
  • Identify assets that may not be subject to probate, such as:
    • Registered Plans (excluding an RDSP and RESP) with a named beneficiary
    • Segregated funds with a named beneficiary
    • Insurance policies with a named beneficiary
    • Assets owned jointly with right of survivorship 
  • Identify methods that may be used to reduce probate fees, such as:
    • Name beneficiaries for registered plans
    • Name beneficiaries for insurance policies
    • Own assets jointly with right of survivorship
    • Gift property to intended beneficiaries before death

KNOWLEDGE EXPECTED OF: CFP® Professionals

Highest Knowledge Level: Application


Knowledge Levels and Associated Verbs


Awareness
The state of being aware that something exists / to have familiarity with a particular activity or subject
Understanding
To comprehend the general relationship of particulars / to have an expertise with how something works
Application
Ability to put information to use / to use knowledge for relevant, practical purposes
Evaluation
To judge or conclude by utilizing data / a systematic determination of something’s worth or significance
Define
To state exactly the meaning of
Identify
To be aware of / to recognize and correctly name / to locate an appropriate resource
Explain
To make clear the meaning of / to describe something in more detail or reveal relevant facts or ideas related to it
Determine
To ascertain / to come to a decision, such as by investigation or reasoning
Compare
To note the similarities and differences between two or more things
Estimate
To determine an approximate value for
Calculate
To find the value using mathematics
Convert
To change from one form or purpose to another
Evaluate
To reach a conclusion or make a through careful study
Interpret
To give the meaning of / to construe or understand / to translate orally

Hold cursor over or click on each term to read its definition.

  • Define probate.
  • Identify that the process for probate may differ across jurisdictions. 
  • Identify variables that may be used to determine the jurisdiction where probate is required.
    • Based on residency of the deceased
    • Based on residency of the asset
  • Identify characteristics of assets that may be subject to probate, such as:
    • Owned wholly by the deceased individual
    • Owned as a tenant in common by the deceased individual
    • Do not have a beneficiary named
    • Have the estate named as beneficiary
    • Form part of deceased’s estate
  • Identify the treatment of an asset for which there is no named beneficiary.
  • Explain the impact of naming the estate of the deceased individual as the beneficiary of an asset.
  • Identify characteristics of assets that may not be subject to probate, such as:
    • Owned joint with right of survivorship
    • Have a named beneficiary
    • Do not form part of the deceased’s estate
    • Life interest in property
  • Identify assets for which a beneficiary may be named, such as:
    • Registered Retirement Savings Plan (RRSP)
    • Registered Retirement Income Fund (RRIF)
    • Tax-Free Savings Account (TFSA)
    • Locked-In Retirement Savings Vehicles
    • Locked-In Retirement Income Vehicles
    • Segregated Fund
    • Life Insurance Policy
    • Annuity
    • Pension Plan
  • Explain the importance of naming a beneficiary for assets that are permitted to have a named beneficiary.
  • Identify assets that may not be subject to probate, such as:
    • Registered Plans (excluding an RDSP and RESP) with a named beneficiary
    • Segregated funds with a named beneficiary
    • Insurance policies with a named beneficiary
    • Assets owned jointly with right of survivorship 
  • Identify methods that may be used to reduce probate fees, such as:
    • Name beneficiaries for registered plans
    • Name beneficiaries for insurance policies
    • Own assets jointly with right of survivorship
    • Gift property to intended beneficiaries before death

Additional Knowledge Expected of CFP Professionals
  • Identify the probate fee schedule for a jurisdiction.
  • Estimate the probate fees payable for an estate.
  • Identify other costs that may apply when probating a will.
  • Identify methods that may be used to reduce probate fees, such as:
    • Name beneficiaries for registered plans
    • Name beneficiaries for insurance policies
    • Own assets jointly with right of survivorship
    • Gift property to intended beneficiaries before death
    • Hold assets in a trust
    • Hold assets in a holding company
    • Issue a donation mortis causa
    • Use multiple wills for different jurisdictions
    • Use multiple wills for certain assets
  • Explain the factors to consider in assessing methods to reduce probate fees, such as:
    • Immediate income tax consequences
    • Future income tax liability
    • Impact on probate
    • Costs
    • Potential claims by creditors
    • Potential claim under family law
    • Loss of control of property
    • Impact on family / heirs
    • Impact of death of heirs prior to testator