Monday, February 15, 2021
Article: Disinheritance, Discrimination and the Case for Including Adult Independent Children in Dependants’ Relief Schemes: Lawen Estate v Nova Scotia
Jane Thompson recently published an article entitled, Disinheritance, Discrimination and the Case for Including Adult Independent Children in Dependants’ Relief Schemes: Lawen Estate v Nova Scotia, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article.
In 2019 a Superior Court in Nova Scotia struck out adult independent children as dependants under Nova Scotia's Testator's Family Maintenance Act. The decision was based on a finding that testamentary autonomy was a constitutional right protected by s.7 of Canada's Charter of Rights and Freedoms. This paper demonstrates why the constitutional decision in Lawen Estate v. Nova Scotia was flawed. It also explains why including of adult independent children in dependants' relief schemes is not only benign in most instances, but may play a role in preventing the perpetuation of discrimination in the private law.