Testators can't ask the impossible or illegal in their wills

Did you know that you do not have the right to put absolutely anything you want in your will? We all know that there are certain people that you cannot leave out of your will without a huge risk of your will being contested, but did you know there are also limits based on public policy? We have a set of rules for wills that impact each and every one of us.

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.