Wills and Estates

Quick Info
(2050.04)  Course
S. Michaud; Adjunct Professor
4 credit(s)  4 hour(s);
3 hour in-class lecture and discussion (one time block) plus one-hour asynchronous pre-recorded lecture.
Upper Year Research & Writing Requirement

The Canadian population is aging with an intergenerational transfer of wealth expected as baby boomers die.  Consequently, both estate planning and estate administration are within a growing area of legal practice.  

This is a course primarily on the law of succession to property on death, including:
– dying without a Will and devolution of property passing through the estate
– formal validity of a Will and testamentary gifts
– mental capacity to make a Will and do other estate planning transactions
– various limitations to making a Will and possible challenges to Will provisions and beneficiary entitlement
– property passing on death outside the estate through joint ownership or designation of beneficiaries on life insurance and registered products
– appointment and role of substitute decision makers during incapacity and the scope of their power to make transactions affecting an estate plan
– 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.
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.