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What will you learn about?

  • The legislation of wills in Canada and the importance of having a will.
  • How an individual’s assets can be transferred during a lifetime through inter vivos transfers or after death via testamentary dispositions.
  • Why testators must have the mental capacity to make a will.
  • The procedure for locating a will, the types and forms of wills in Canada and the characteristics of each.
  • The types of legacies, the lapse and anti-lapse rules, and the concepts of ademption and abatement.
  • The concept of probate in the common law and Civil Code provinces.
  • Wills and codicils can be altered or revoked, especially after significant life events like marriage, separation, or divorce.
  • Setting up different types of trusts during estate planning.
  • Interpretation of ambiguous will wording and distinguishing between vested and contingent interests.
  •  An overview of the clauses testators can use in their wills to ensure that the wishes are carried out precisely as intended.

What is the course syllabus?

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Module 1 – Wealth: The Fundamentals of Will Making

Topics covered in this module are:

  • Legal Considerations
  • Terminology
  • Consequences of Intestacy
  • Transfer of Property on Death
  • Capacity to Make a Will

Module 2 – Will Forms, Will Requirements, Special Events, and Legacies

Topics covered in this module are:

  • Locating a Will
  • Forms of Wills – Special Legislation
  • Formal Requirements for a Valid Will
  • Events Affecting Intended Legacies

Module 3 – Changes, Probate, and Estate Planning

Topics covered in this module are:

  • Probate
  • Alterations and Revocation
  • Wills Review and the Impact of Marital Status
  • Overview of Trusts
  • Foreign Assets and Multiple Wills

Module 4 – Wills Interpretation and Their Current Content

Topics covered in this module are:

  • Courts and Wills Interpretation
  • Vested and Contingent Interest (Common Law) & Acquired and Contingent Rights (Civil Code)
  • Current Meaning of Legal Words
  • Overview of Will Writing