More than simply a casebook, the 7th edition of this authoritative work remains the best first step any student or practitioner can take in their research of the theory or practice of succession. Oosterhoff on Wills and Succession provides a complete primer on all aspects of the law, incorporating text and commentary with concisely edited case extracts to elucidate and explore every aspect and phase of succession. The text has been thoroughly updated to reflect the effect of constitutional challenges and legislative change – including, for example, the extension of succession rights to same-sex partners in some provinces and developments in the law of dependents' relief. Coverage includes • a historical perspective • probate and administration • intestate succession • the nature of testamentary dispositions, including will substitutes, contracts to make wills, mutual and conditional wills, delegation of and limits on testamentary power as well as disposition of parts of the body • testamentary capacity, including undue influence, fraud and mistake • validity of wills, including international wills • revocation of wills • principles of interpretation and rules of construction, including the meaning of particular expressions, partial intestacies, admission of evidence and drafting errors • testamentary gifts • lapse and survivorship • class gifts • vesting • perpetuities • family protection, including spousal property rights on death, dependant's relief at common law and according to statute • solicitor's duties in taking instruction as well as toward the beneficiaries.
