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Spence v. BMO Trust

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

This is legal information only. For advice on your own circumstances, speak to a lawyer.

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

We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. 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:

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian courts
  1. Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
  2. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. What is a testamentary trust ontario — Treadstone Law
  2. Testamentary trust ontario will — Treadstone Law
  3. Testamentary trust ontario will estate planning — Treadstone Law
  4. Wills & estates practice — Treadstone Law