Oosterhoff on Wills, Eighth Edition
ISBN/ISSN/Product Number: 978-0-7798-7251-0
Product Type: Book
Number of Pages: Approximately 1250 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2016-07-07
Publisher: Carswell
Price: $177.00

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Description

This authoritative work remains the best first step any student or practitioner can take in their research of the theory or practice of succession.

More than simply a casebook, the 8th 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 law.  Authored by a team of distinguished academics, Oosterhoff on Wills 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 wills law. It can readily be used for better understanding of the basic concepts of wills and estates and as authority for legal principles.

New in this Edition
Thoroughly updated, re-written and re-organized to incorporate all the significant developments in the law since the last edition, the 8th Edition includes discussions on:

  • The Wills and Succession Act (Alberta)and the Wills, Estates and Succession Act (British Columbia), and their impact on the law as mandated by these Acts
  • The new British Columbia statutory rules on abatement and encumbered property, as well as the abolition of a number of evidentiary presumptions by Alberta and British Columbia
  • McCorkill v. McCorkill Estate (nature of testamentary dispositions)
  • Celentano Estate v. Ross (testamentary gifts)
  • Yen Estate (formal validity of wills)
  • A new section on electronic wills
  • The differing approaches to rights on intestacy
  • Recent developments in such topics as conflict of laws, testamentary guardians and custodians, dependants' support, and substitute decisions

Also, the 8th edition welcomes Professors C. David Freedman, Mitchell McInnes, and Adam Parachin, to its author team.

About the Author

Albert H. Oosterhoff, B.A., J.D. (Western), LL.M. (Toronto), is Professor Emeritus at the Faculty of Law, Western University, where he has held the positions of Associate Dean (Academic), Associate Dean (Administration), and Acting Dean. From 2005 to 2013, he was also an Adjunct Professor at the Faculty of Law, University of Toronto. 


Professor Oosterhoff has written numerous texts and articles, cited regularly by all levels of the Canadian courts and widely used in Canadian law schools, including: Oosterhoff on Wills and Succession: Text, Commentary and Materials, 7th Edition (Carswell); and as a co-author, Oosterhoff on Wills: 8th Edition (Carswell); Oosterhoff on Trusts: Text, Commentary and Materials, 8th Edition (Carswell); and Anger and Honsberger Law of Real Property, Second Edition (Canada Law Book).  He has also been the Editor-in-Chief of the Estates and Trusts Journal, and an Associate Editor of the Dominion Law Reports, of Canadian Criminal Cases, and of Ontario Reports. In addition, he has authored reports and studies for the Ontario Law Reform Commission and the Uniform Law Conference of Canada, and regularly presents papers in Continuing Legal Education programs.


As counsel to Whaley Estate Litigation, Professor Oosterhoff advises lawyers and law firms on issues in estates, wills, trusts and aspects of property law.

C. David Freedman is an Associate Professor in the Faculty of Law at Queen's University where he teaches Wills & Estates, Trusts, Estate Litigation and Civil Procedure. In 2010, he started the first Elder Law Clinic at a Canadian law school at Queen's.


Professor Freedman is a co-author of Oosterhoff on Wills: 8th Edition (Carswell), and has widely published on topics such as probate contests and summary judgment, trustee disputes, variation of trusts, mutual wills, insurance trusts, attorney liability, accessorial liability to breach of trust and fiduciary duty, unjust enrichment claims against estates, and the administration of trusts.  He regularly presents at continuing professional development events and to groups interested in legal issues affecting older adults, particularly those who face cognitive challenges.


Designated a Certified Specialist in Estates and Trust Law by the Law Society of Upper Canada, Professor Freedman has acted in estates, trust, and guardianship litigation and arbitration for private clients, the Office of the Children's Lawyer.  He is Counsel to the firm of Hull & Hull LLP and preferred counsel to the Lawyers' Professional Indemnity Company.

Mitchell McInnes is a Professor of Law at the University of Alberta. He previously taught at the University of Western Ontario, the University of Melbourne, and Deakin University; clerked at the Supreme Court of Canada; and served as a Legal Research Officer with the Alberta Court of Appeal.


Professor McInnes' research focuses on wills, trusts, unjust enrichment, tort, and remedies. He is the author of The Canadian Law of Unjust Enrichment and Restitution; and a co-author of Cases and Materials on the Law of Torts (Carswell); of Cases and Materials on the Law of Restitution; of Managing the Law: The Legal Aspects of Doing Business; of Oosterhoff on Trusts (Carswell); of Oosterhoff on Wills (Carswell); of Restitution: Developments in Unjust Enrichment (Lawbook Co.); and of Understanding Unjust Enrichment.


He has published over one hundred papers in leading journals and his work has been relied upon by all level of courts, including the Supreme Court of Canada, the United Kingdom Supreme Court, the High Court of Australia, and the New Zealand Supreme Court. He has received numerous teaching awards and he has been recognized by Macleans magazine as one of Canada's leading university teachers.

Adam Parachin currently is an Associate Professor at the Faculty of Law at the Western University.  He researches and teaches in the areas of trusts, estates and charities, and has received numerous teaching awards and research grants.


Professor Parachin is a co-author of Oosterhoff on Wills: 8th Edition (Carswell), was awarded the Douglas J. Sherbaniuk Distinguished Writing Award by the Canadian Tax Foundation for his research in the area of the income tax treatment of charitable donations, and has published broadly in the areas of trusts, estates and charities.


Professor Parachin is a regular speaker at continuing professional development events and also provides legal education to charitable foundations.  Prior to joining the Faculty of Law, he was an associate in the Estates, Trusts and Charities department of Fasken Martineau LLP. 

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