Halsbury's Laws of Canada -- Wills and Estates (2024 Reissue)

ebook Volume 1

By Ian Hull

cover image of Halsbury's Laws of Canada -- Wills and Estates (2024 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 (2024 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
    • Witnesses
    • 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
  • Intestacy
  • Duties and powers of executors and administrators
    • Dealing with residue
    • Insufficient assets
    • Liability of personal representatives
  • Halsbury's Laws of Canada -- Wills and Estates (2024 Reissue)