Halsbury's Laws of Canada – Wills and Estates (2012 Reissue)
Publisher: LexisNexis Canada
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Demographic trends in Canadian society means that faced with an aging clientele, lawyers are increasingly required to have a working appreciation of wills and estates issues. More and more, clients seek a contextual understanding of the testamentary implications of marriage, divorce, real estate transactions, and the acquisition or disposal of assets in wide-ranging legal contexts.
Newly revised and thoroughly updated, Halsbury's Wills and Estates (2012 Reissue)
provides that understanding, systematically covering topics such as:
Table of Contents
- General framework of testamentary disposition
- Requirements and necessary elements
- Conditional wills
- Alternatives to wills
- Capacity to make a will
- Determining soundness of mind, memory and understanding
- Age requirements
- Onus, presumptions and evidentiary considerations
- Formal requirements
- Rules governing signatures and holographic wills
- Incorporation by reference
- Revocation of wills
- Express, implied and conditional revocation
- Holographic wills
- Impact of marriage and divorce
- Interpreting testamentary instruments
- Rules of construction and law
- Technical and legal words
- Presumptions and inconsistent provisions
- Testamentary gifts
- Class, postponed and conditional gifts
- Failure of gifts
- Challenging the validity of testamentary instruments
- Dependants' relief legislation
- Rule against perpetuities
- Estate administration issues
- Letters probate and grants of administration
- Duties and powers of executors and administrators
- Dealing with residue
- Insufficient assets
- Liability of personal representatives
- Enhanced contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations – an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources – setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions – identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
1. Nature of a Will
2. Capacity to Make a Will
3. Formal Requirements
4. Revocation, Republication, Revival
5. Interpretation of Wills
6. Testamentary Gifts
7. Failure of Gift
8. Contesting a Will
9. Dependants' Relief Legislation
10. Rule Against PerpetuitiesII. Estate Administration
3. Executors and Administrators
Jim Mackenzie, B.Sc., LL.B., Ph.D. (Law)
Jim MacKenzie, B.Sc., LL.B., Ph.D. (Law)
, has been a Professor of Law for over 40 years, most recently as an Associate Professor at Carleton University's Department of Law. He is the author of the well–respected resource for Canadian estate lawyers, Feeney's Canadian Law of Wills, 4th Edition
Professor MacKenzie received his B.Sc. from Mt. Allison University in 1962, his LL.B. from the University of Ottawa in 1967, and his Ph.D. in Law from the University of London (London School of Economics) in 1970.
Professor MacKenzie is also a former Associate Professor at the University of Ottawa and former Chair of Carleton University's Department of Law. He was Chief Federal Negotiator for the comprehensive land claim of the Inuit of Labrador, and served as the Chief Federal Representative for Fisheries and Oceans Canada.
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