Home  ›  Ilm Hub  ›  Glossary  ›  Spence v. BMO Trust
Ilm Hub

Spence v. BMO Trust

A 2016 Ontario appeal on testamentary freedom and a will's stated reasons.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

A 2016 Ontario appeal on testamentary freedom and a will's stated reasons.

In Islamic law

Illustrates that Ontario protects testamentary freedom far more strongly than BC — relevant to where a faraid distribution is most secure.

In Canadian law

The Court of Appeal upheld a will disinheriting a daughter, reaffirming broad testamentary freedom in Ontario for an unambiguous will.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Canadian legislation & government
  1. Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
  2. Canadian Legal Information Institute — CanLII
  3. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  4. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
Canadian legal commentary
  1. New will surfaces during litigation ontario — Treadstone Law
  2. Service validity challenge ontario — Treadstone Law
  3. Uncontested divorce ontario — Treadstone Law
  4. Dependant support award added to or deducted from share ontario — Treadstone Law
  5. Parenting coordinator cost vs litigation — Treadstone Law
  6. Wills & estates practice — Treadstone Law