Wills, Trusts & Estates Prof Blog

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

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: Estate planning

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.



Articles, New Cases | Permalink


Post a comment