Will Week is a week-long series of free public events to bring awareness to the importance of wills and estate planning. Seminars start Tuesday April 26, 2022. Visit the Library’s events calendar for session and registration information.
The event is a collaboration between the Manitoba Bar Association, The Winnipeg Foundation and the Public Guardian and Trustee. To learn more about Will Week, visit the Winnipeg Foundation website.
As part of this year’s Will Week, we have put together a digital book display using our collection of Wills, Estates, and Trusts texts.
To help you browse, we’ve compiled some of our most recent print titles, journal titles, and materials published by the Law Society of Manitoba into this virtual book display.
How to use this display
Click on the image of a title you’re interested in to view the catalog listing (includes the abstract and subject headings).
Our library catalog allows you to create a reading list and keep track of titles. Click “select” at the bottom left of the item’s catalog record. You can add as many titles as you like to your list and email or print it for future reference.
We hope you enjoy this digital book display!
Wills
The following print titles are available:
Drafting Wills in CanadaFeeney’s Canadian Law of WillsOosterhoff on WillsThe Law of Dependents’ Relief in CanadaCapacity and Undue InfluenceDrafting Trusts & Will Trusts in CanadaWills
We also subscribe to journals that exclusively cover the topics of Wills, Estates, and Trusts. Journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:
Estates Trusts and Pensions Journal (print – current to 2022; HeinOnline – available to 2018 online)
Estate Planning & Community Property Law Journal (HeinOnline – vol. 1-14, 2008-2021)
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
Volume 40 Number 3
From the Legislature
Is an RESP a Trust?…And So What If It Is? Kira Domratchev
Articles
Inter Viros versus Testamentary Undue Influence: Origins, Differences, and Recent Developments Kimberly A. Whaley and John E.S. Poyser
Estate Trustee Compensation: Considerations When Advising Clients in the Estate Planning Interview. Sara Beheshti
Scottish Trusts in the Common Law Lionel Smith
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 40 Number 2, February 2021 includes:
FROM THE LAW REPORTS
A Tale of Two Patrimonies: Limits on the Flexibility of Trust Law by Lionel Smith More about Illusory Trusts: Is “Tantamount” to Ownership the Same as “Ownership”? The Privy Council Takes a Step Too Far by Joel Nikitman
ARTICLES
Will Challenges and the Limitations act, 2002: A Resconsideration by Matthew Furrow and Daniel Zacks Security for Cost Motions in Estate Litigation by Jonathan Keslassy and Nicole Abergil Guardianship as a Last Resort by Brendan Pooran, Stephanie Dickson and Saquiba Rahman
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
Lawyers are taught to take detailed notes. Every conversation with a client, whether in person or by telephone, or written in a document or email, is recorded in order to back up actions taken and matters billed. It’s what you turn to when your client says “I didn’t tell you to do that” and you face a complaint.
Recent estates litigation in Ontario turned on the exemplary note taking of Solicitor Barry Smith. As noted by Gans, J.:
[32] I digress to make one observation. Smith, who had been Helen’s, if not Eugene’s, solicitor for at least 7 years by the Spring of 2011, would best be described as an ‘old-school’ solicitor. He was not only a generalist, who made ‘house calls’, but was a man who was involved or involved himself with every aspect of a client’s affairs. He made copious notes to file, which I found to be unassailable in terms of providing me with the details of the events as they unfolded during the Spring and into the Summer of 2011.
This case involved all the usual suspects: a large estate, a testator recently diagnosed with Alzheimer’s, a power of attorney clash, and undisclosed codicils. But it was the note-taking by Mr. Smith that persuaded the judge that Mrs. Kates was competent.
When reading Kates Estate, 2020 ONSC 7046, don’t ignore the footnotes. There are some very interesting comments there as well.
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 4, August 2020 includes:
FROM THE LAW REPORTS
It has been Over 150 Years Since the First Partnership Act was Enacted. Do We Understand Yet The Nature of a Partnership Interest? The High Court of Australia Weighs in on the debate, by Joel Nitikman.
“Not a Case about a Mere Referral”: Reflections on Salomon v. Matte-Thompson, by Lauren Flam
Another Cautionary Tale for Executors: Case Comment on Muth Estate, by Rhonda M. Johnson
Equality, Equity, and Exclusion: The Effect of the Jackson Estate Decision on Common Law Partners, by Richard Niedermayer and Madeleine Coats
ARTICLES
Digital Assets, Cryptocurrencies and Estate Planning, byAaron Grinhaus, Amanda Rosenstock and Raluca Soica
Who Gets What, and When?, by Ari Kaplan
Section 58 – The “Curative” Provision of the Wills, Estates and Succession Act, by Scott Boucher
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 3, May 2020 includes:
From the Law Reports
The impact of the Act Respecting the Transfer of Securities and the Establishment of Security Entitlements in Determining the Validity of a Gift under Quebec Law: A Case Comment on Labis v. Labis, by Sharon G. Drucker
From the Legislatures
TOSI in the Realm of Trusts and Estates, by Trista Gallant
Articles
To Give or Not to Give? An Examination of Bequests in Lieu of Executor’s Compensation, by Jessica Feldman Chittley
Estates and Family Law Intersect: Separation from an Incapable Spouse, by Lorisa Stein and Marni M. K. Whitaker
Legal Issues Associated with Informal Public Appeals and Crowdfunding, by Johanna C.C. Caithness
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event. Regular library service will resume Monday, December 16th at 8:30AM.
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