The Canadian population is aging with an unprecedented intergenerational transfer of wealth now underway. Incapacity and estate planning and estate administration are within a growing area of legal practice. Overview of topics to be covered:
– appointment and role of substitute decision makers during incapacity
– formal validity of a Will
– mental capacity to make a Will and do other estate planning transactions
– various limitations to making a Will and possible challenges to beneficiary entitlement
– property passing on death outside the estate through joint ownership or designation of beneficiaries on life insurance and registered products
– dying without a Will and devolution of property passing through the estate
– steps involved in the administration of an estate
– impact of estate administration tax as different from income tax arising on death
– 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
– some tools to protect the estate plan from legal challenge
Method of Evaluation:
20% 10 weekly mini assignments – submitted and marked through eClass and subject to word limit
20% mid-term assignment – submitted and marked through eClass and subject to word limit
60% final examination - open book in-person - 2 ½ hours plus ½ hour reading period
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.