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Wills Variation Legislation allowing an independent adult child to vary a Will is found unconstitutional in Nova Scotia
August 29, 2019 Category Estate Litigation, Our Latest Insight
In Lawen Estate v Nova Scotia (Attorney General), the Supreme Court of Nova Scotia ruled that testamentary autonomy is protected under section 7 of the Charter of Rights and Freedoms (“the Charter”). Consequently, it found that sections 2(b) and 3(1) of the Testators’ Family Maintenance Act (“the TFMA”) violated section 7 of the Charter and […]