Overview of the Course

This course deals with the law of wills and estates, with some consideration of the law respecting substitute decision-making. It is expected that students will leave the course with the following skills and abilities:

  • Construct simple estate plans including the operation of Will-substitutes and the intestacy rules.
  • Advise on the validity of Continuing Powers of Attorney and issues respecting substitute decision-making.
  • Advise on the validity of Wills, including who can make a Will and in what circumstances a Will, or part of a Will, is inoperative.
  • Advise on the interpretation of testamentary instruments.
  • Understand how and when probate is required, the nature of estate litigation, and the intersection of the Rules of Civil Procedure and the principal succession law statutes.
  • Understand the nature of the role of the Estate Trustee and the solicitor advising the Estate Trustee.
  • Advise interested parties including the Estate Trustee, potential heirs, creditors, and others on probate and aspects of estate administration.
  • Advise on dependant’s relief claims and spousal entitlements.
  • Understand the key professional competencies and responsibilities for practice in this area.

Evaluation: 100% Open-book Final Examination

Materials: Oosterhoff on Wills, 8th Edition (Thomson Reuters, 2016)