Estates

With the aging Canadian population, estate planning and administration are in a growing area of legal practice.  This is a course primarily on the law of succession to property on death, including:
·        capacity to make a Will and do other estate planning transactions
·        appointment and role of substitute decision makers during incapacity
·        dying without a Will and devolution of property passing through the estate
·        formal validity of a Will and testamentary gifts
·        structuring a Will
·        various challenges to a Will such as interpretation and limitations
·        property passing on death outside the estate through joint ownership or designation of beneficiary (on life insurance and registered plans)
·        the steps involved in the administration of an estate
·        high level impact of estate administration tax and income tax on estates
·        spousal property rights on death and the support of the deceased’s dependants
·        estate lawyer’s duties to a client, including under the Rules of Professional Conduct and
·        some tools to protect the estate plan from legal challenge.      
By registering for this course, students acknowledge that short portions of their submitted assignments may be subsequently used in class, for review and education purposes, in compliance with the Fair Dealing Guidelines for York Faculty and Staff.