Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, August 31, 2015

In Canada, Bequests In A Will May Be Voided If Against Public Policy

CanadaWhen Harry Robert McCorkill died, he left a bequest in his will to an organization that was devoted to the cause of white supremacy. As a result, his sister challenged the gift by invoking the Canadian rule that gifts in a will that are against public policy may be voided. In McCorkill v. Streed, the court held that the gift was against public policy and voided the gift. The court stated that "against public policy" was to be construed as embodying the morals of the time and may be read as prohibiting gifts against the interest of society. Based on the prevailing anti-discrimination attitude, embodied in Canadian law and constitution, the gift was void because it provided funds to an organization whose sole aim was discriminatory.

See Stan Rule, Gifts Void Against Public Policy: McCorkill Estate, Rule of Law Blog, August 23, 2015.

Special thanks to Jim Hillhouse for bringing this article to me attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2015/08/in-canada-a-bequest-in-a-will-may-be-voided-if-against-public-policy.html

New Cases, Weblogs, Wills | Permalink

Comments

Post a comment