Wills and Estates: Cases, Text, and Materials, 4th Edition
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Wills and Estates: Cases, Text, and Materials, 4th Edition

Howard S. Black
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Wills and Estates: Cases, Text, and Materials is an effective, practice-oriented learning tool focusing on areas that lawyers will encounter in their legal practice. Author Howard S. Black weaves summaries of key legal principles and significant judicial decisions with practical advice for a well-rounded examination of the intricacies of estate management and interpreting wills.

The fourth edition reflects all recent case law and legislative amendments to wills and estates law, including changes generated by the Accelerating Access to Justice Act, 2021. This edition also contains a new chapter on estate laws affecting Indigenous persons in Canada, featuring practical insights on ministerial powers, distribution of property on intestacy, dependant relief, and more.

Drawing on 40 years of experience advising clients, Black’s clear and concise treatment of relevant legal issues, supplemented with references to applicable legislation and case law, is an essential resource to anyone whose practice will service clients in the area of wills and estates.

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  • ISBN/ISSN: 978-1-77462-426-5
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  • Cover: Hardcover
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  • ISBN/ISSN: 978-1-77462-426-5
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ISBN
978-1-77462-426-5
Publisher
Emond Publishing
Publication Date
May 2023
Status
Available
Subjects
Wills, Estates, and Trusts
Tags
Law School Canadian Law

  • Significant new cases such as: Louie v. Canada (Indigenous Services), Calmusky v. Calmusky, Mak (Estate) v. Mak, and Su v. Lam.

  • A new chapter on Indigenous wills authored by expert contributor, Nicole Woodward. 

  • New material on estate litigation. 

  • Updated discussion of equalization rights between spouses on a marriage breakdown. 

  • Comprehensive coverage of new substantial compliance rule. 

  • Revised discussion on spousal preferential share consistent with Ontario Regulation 122/21. 

Chapter 1: Terminology
Chapter 2: The Will
Chapter 3: Will Substitutes
Chapter 4: Intestate Succession
Chapter 5: Formal Validity of Wills
Chapter 6: Capacity to Make a Will
Chapter 7: Doctrines and Limits on the Power of Testation
Chapter 8: Testamentary Gifts
Chapter 9: Status of Beneficiaries in Relation to Testator
Chapter 10: Class Gifts and Gifts Nominatum
Chapter 11: Survivorship
Chapter 12: Perpetuities and Accumulations
Chapter 13: Principles of Interpretation
Chapter 14: Incapable Persons and the Substitute Decisions Act
Chapter 15: Administration of an Estate
Chapter 16: Proof of Death
Chapter 17: Proof of Lost Wills
Chapter 18: Revocation, Alteration, and Revival of Wills
Chapter 19: Family Law Act
Chapter 20: Support of Dependants
Chapter 21: Estate Accounts, Compensation for Estate Trustees, and Solicitors’ Fees
Chapter 22: Solicitors’ Duties and Responsibilities
Chapter 23: Wills and Estate Administration Under the Indian Act
Chapter 24: Estate Litigation and Alternative Dispute Resolution

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