Monday, August 29, 2016
Testators can't ask the impossible or illegal in their wills
Posted by Lynne Butler
For example, what if your will left out one of your kids who thought you did so because his or her spouse was of a different race? What if you left your estate to a racist hate group? Would these instructions be allowed under Canadian law?
Recently I was interviewed by www.AdvocateDaily.com about testamentary freedom, which is the phrase that describes a person's freedom to say what he or she wants in his or her will. There have been two cases lately in which Canadian courts had to make a decision about the limits on this freedom. In both cases there were allegations of racism in the will. In this interview, I discussed the two cases and what they offer in terms of clarifying the limits.
To read the interview, click here.