Tagged: Estate Litigation

Civil Procedure / Procedural Law / Wills, Estates, and Trusts

by Cassandra Bruni · Mar 16 , 2016

A Strong Endorsement of Testamentary Freedom: Spence v BMO Trust

When should courts invoke public policy to interfere with testamentary freedom? The Ontario Court of Appeal (“ONCA”) recently revisited this question in Spence v BMO Trust Company, 2016 ONCA 196...

Tags: 2016 ONCA 196 Estate Litigation Estates testamentary freedom Void

Civil Procedure / Human Rights

by Cassandra Bruni · Mar 11 , 2016

Sexism, Homophobia & Racism: Reasonable Limitations on Testamentary Freedom

Testamentary freedom is a foundational principle of estate planning. Individuals are allowed to decide how to devise their assets with minimal state interference. However, testamentary freedom has several key limitations....

Tags: Estate Litigation Estates Trusts Void