In Canada, there is an intergenerational transfer of wealth as baby boomers age and die. Consequently, both estate planning and estate administration are among the fast-growing areas of legal practice in our country. This is a course primarily on the law of succession to property on death. A case study will be used to discuss and apply knowledge. Some topics to be covered:
• dying without a Will
• property passing on death outside the estate
• formal validity of a Will
• capacity to make a Will and other estate planning transactions
• various limitations to making a Will and possible legal challenges
• 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
The course will be offered in a 3-hour in person class (first 2 hours of lecture recorded in accordance with Osgoode’s Lecture Recording Policy and last hour informal and unrecorded “workshop”) plus a 1-hour asynchronous pre-recorded Zoom lecture. By registering for this course, students acknowledge that short portions of their submitted assignments may be subsequently used in class, anonymously, for review and education purposes, in compliance with the Fair Dealing Guidelines for York Faculty and Staff.
Method of Evaluation:
20% - 10 weekly mini assignments – submitted and marked through eClass and subject to word limit. Will be marked as “pass/fail” for 2 or 0 marks each.
10% - attendance at weekly in-person classes
70% - final examination - open book in-person – 3 hours plus ½ hour reading period