Sunday, December 19, 2021
Article: Nova Scotia (Attorney General) v. Lawen Estate: Case Comment
Jane Thomson recently published an article entitled, Nova Scotia (Attorney General) v. Lawen Estate: Case Comment, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article:
Case comment on Nova Scotia (Attorney General) v. Lawen Estate in which the Nova Scotia Court of Appeal overturned an application judge's finding that testamentary freedom was a right protected under s.7 of the Charter of Rights and Freedoms. Additionally, the Court casts doubt on whether anyone involved in the administration of an estate, or a beneficiary of one, could bring a Charter challenge to legislation interfering with testamentary autonomy, based on public interest standing.
This is a pre-copy edited, post-peer reviewed version of the contribution accepted for publication in Estates, Trusts & Pensions Journal. Reproduced by permission of Thomson Reuters Canada Limited.
https://lawprofessors.typepad.com/trusts_estates_prof/2021/12/article-nova-scotia-attorney-general-v-lawen-estate-case-comment.html