When a testator has the right to discriminate

Two recent court cases have tested the limit of testators’ freedom to dispose of assets as they see fit.

Ed Esposto of Blaney McMurty told practitioners at the Society of Trust and Estate Planner’s annual conference that a testator’s racism or other discriminatory views aren’t necessarily grounds for challenging a will.

In the first case, a man disinherited one of his daughters after they had a falling out that was triggered when she had an interracial child. In the other case, the sister of a man who had left money to a white supremacist organization challenged the validity of that gift.

The two cases came to two very different outcomes, and the Supreme Court recently denied leave to appeal both decisions.

Advisor.ca has been live-tweeting from STEP. In case you missed it, we’ve rounded up our coverage of Esposto’s session below.

You can also follow us @Advisorca.

And read our coverage of this year’s other STEP sessions:

Tips for helping families with disability planning Urge clients to communicate with estate beneficiaries: STEP expert Keep pace with tax changes for insurance policies IRS talks offshore reporting and second chances Administering an insolvent estate: STEP