Halsbury's Laws of Canada – Wills and Estates (2020 Reissue)
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Demographic trends in Canadian society mean that, faced with an aging clientele, lawyers are increasingly required to have a working appreciation of wills and estates issues. More and more, clients seek a contextual understanding of the testamentary implications of marriage, divorce, real estate transactions, and the acquisition or disposal of assets in wide-ranging legal contexts.
Newly revised and thoroughly updated, Halsbury's Wills and Estates (2020 Reissue) provides that understanding, systematically covering topics such as:
- General framework of testamentary disposition
- Requirements and necessary elements
- Conditional wills
- Alternatives to wills
- Capacity to make a will
- Determining soundness of mind, memory and understanding
- Age requirements
- Onus, presumptions and evidentiary considerations
- Formal requirements
- Rules governing signatures and holographic wills
- Incorporation by reference
- Revocation of wills
- Express, implied and conditional revocation
- Holographic wills
- Impact of marriage and divorce
- Republication and revival
- Interpreting testamentary instruments
- Rules of construction and law
- Technical and legal words
- Presumptions and inconsistent provisions
- Testamentary gifts
- Class, postponed and conditional gifts
- Failure of gifts
- Challenging the validity of testamentary instruments
- Dependants' relief legislation
- Rule against perpetuities
- Nature of an estate
- Estate administration issues
- Letters probate and grants of administration
- Duties and powers of executors and administrators
- Dealing with residue
- Insufficient assets
- Liability of personal representatives
Table of contents
1. Nature of a Will
2. Capacity to Make a Will
3. Formal Requirements
4. Revocation, Republication, Revival
6. Testamentary Gifts
7. Failure of Gift
8. Contesting a Will
9. Dependants' Relief Legislation
10. Rule Against Perpetuities
II. Estate Administration
1. Nature of an Estate
4. Executors and Administrators