Wills and Succession

Course number: LAW 2400

A study of the law of testate and intestate succession.

Extended Course Description

COURSE CONTENT: The law of succession is multi-faceted and covered by several courses in the law school curriculum, including  Property, Trusts, Wills and Succession, and Taxation of Trusts and Estates. The Wills and Succession course begins with a historical perspective of the development of the law of succession and then reviews, in detail, intestate succession in Manitoba. The course studies the law dealing with validity of wills, together with interpretation and construction of wills. In addition to these substantive topics, the course covers statutory provisions which may restrict testamentary freedom including: Part IV of The Family Property Act, The Dependants Relief Act, and The Homesteads Act. Other topics include: will substitutes, the tax implications related to the death of a taxpayer; the expanding law of negligence and solicitors duties; powers of attorney and health care directives.

PRACTICAL IMPORTANCE OF THE SUBJECT: It is difficult to imagine students taking a J.D. programme for a general education in law or as a preparation to practice law and not exposing themselves to an introduction to the law relating to wills and intestate succession.Also, for those leaving Manitoba and intending to practice in another province, much of the course content will be applicable to the other common law jurisdictions in Canada.

TEACHING METHOD: Primarily lecture.

BOOKS: Oosterhoff on Wills and Succession (8th edition)

ASSESSMENT: 100% open book examination in the regular end of term examination period. The exam is 2 hours in duration, plus 20 minutes to read the questions.

INSTRUCTOR: K. Eleanor Wiebe, Q.C.

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