Recommended Books & Resources

The Law of Dependants’ Relief in Canada KN125.81 H37

These two books may be read in tandem. The first, The Law of Dependants’ Relief in British Columbia is a highly respected treatise on wills variation.  It provides a detailed analysis of the state of the law in BC prior to the Supreme Court of Canada’s 1994 decision in Tataryn v. Tataryn Estate and continues to be useful for many matters not affected by the Tataryn decision.  The Law of Dependants’ Relief in Canada extends the analysis to jurisdictions across Canada and reviews post-Tataryn jurisprudence from all provinces including BC.  It also includes a discussion of procedural matters such as who can apply for relief, bars to applying and limitation periods.

Provides instruction and sample clauses for drafting wills and other documents including a power of attorney, nomination of committee, representation agreement and advance directive for health care. Standard clauses which form the base for most wills are rendered in plain language with the aim of creating more readable, client-friendly documents. Sample questionnaires, forms, letters and checklists help streamline the process and will be useful for both wills and estates specialists and general practitioners who only occasionally draft a will.

A comprehensive guide to practical matters and procedures. Contains over 200 forms and precedents. Detailed subject index provides easy access to specific issues.

Annual editions provide an up-to-date consolidation of all core statutes, rules and regulations related to wills and estates, many of which are annotated with concise summaries of leading cases. A handy, convenient reference source.

A three volume set containing a wide variety of precedents for wills, domestic contracts and powers of attorney. Though Ontario-based, it also includes many samples and forms for BC and other provinces. Volume 2 provides a useful compilation of relevant tax interpretation bulletins and information circulars. Volume 3 is devoted to the drafting of trusts and includes a section of commentary on topics such as the future of trusts, creative trust applications, incapacity, estate freezes and the construction of wills.

Covers tax considerations, use of life insurance, inter vivos trusts, asset protection and charitable gifts.

This standard text provides an overview of the law of wills supported by many case references. Topics include capacity, construction, execution, revocation and grants of probate & administration.

Contains case digests and the full text of Continuing Legal Education practice manuals and course materials, including the British Columbia Probate and Estate Administration Practice Manual and BC Estate Planning & Wealth Preservation. The “Advanced Search” feature is especially useful for finding treatment of a topic or issue in a variety of different contexts and sources.

This classic Canadian text has been completely revised in its sixth edition with a team of leading practitioners authoring various chapters related to the duties and prerogatives of executors and trustees. Topics range from funeral arrangements to bequests to claims against the estate, variation of trusts and dependants’ relief. Of note: a section devoted to words &phrases judicially considered and quantum tables for dependant’s relief and spousal property claims on death (Appendix “G”).