Willfully Discriminatory? The Ability to Discriminate in Testamentary Dispositions

Should you be able to discriminate in a will? In 2016, the Ontario Court of Appeal ruled in Spence v BMO that if someone has made a will and their intention is clear, then no one can really challenge that will. At first glance, this sounds reasonable; people should be able to do what they want with their property when they die, but what if their will is being used in a discriminatory way? We spoke to McGill University Professor Angela Campbell and wills and estates practitioner Ian Hull about testamentary freedom and whether courts are willing to balance this concept with protections against discrimination.

This podcast is by Karine Bédard and Meghan Pearson, Editors for volume 63 of the McGill Law Journal.   Produced by Karine, Meghan, and Emma Noradounkian, Podcast Editor for volume 63 of the McGill Law Journal.