Supreme Court of Canada Will Not Hear Appeal of Invalidation of Bequest to Neo-Nazi Group as Against Public Policy in McCorkill v. Streed, Executor of the Estate of Harry Robert McCorkill (aka McCorkell), Deceased

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Supreme Court of Canada Will Not Hear Appeal of Invalidation of Bequest to Neo-Nazi Group as Against Public Policy in McCorkill v. Streed, Executor of the Estate of Harry Robert McCorkill (aka McCorkell), Deceased

June 9, 2016

By Marc-Antoine Chiasson, at McInnes Cooper

On June 9, 2016, the Supreme Court of Canada dismissed an application for leave to appeal a New Brunswick decision invalidating an NB man’s gift to US-based National Alliance in his will on the basis the information the National Alliance disseminates and its purpose are against Canadian public policy. Courts rarely interfere with a person’s freedom to choose to whom to gift her assets after her death on this basis – but there are limits to whom you leave your money as well as for what purpose. McInnes Cooper’s Marc-Antoine Chiasson and Romain Viel represented the successful party in the application for leave to appeal to the Supreme Court, and Marc-Antoine represented her throughout her challenge of Mr. McCorkill’s bequest.

Here’s why the New Brunswick courts invalidated the bequest, and the public policy limits they placed on bequests.

Here’s the impact the New Brunswick Court’s decision might have on life insurance bequests.

Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Estates and Trusts Team to discuss this topic or any other legal issue.

McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2016. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at publications@mcinnescooper.com to request our consent.

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