LIMITATION ON TESTAMENTARY DISPOSITION IN CANADA

Abstract

In order to recognize other important social interests, the law limits individual freedom. In this article the author argues that dependants’ relief legislation represents a reasonable readjustment between individual freedom and the interests of society in general. The author first examines the history leading up to the appreciation of social interests other than testamentary freedom. He then discusses forced heirship and judicial discretion as two approaches to limiting testamentary disposition. Through a discussion of several statutes, the author then examines the development of Canadian legislation restricting testation, as well as compares some of the aspects of the legislation. Based on his comparisons, the author then concludes by reaffirming that dependants’ relief legislation constitutes an appropriate limitation on the individual’s freedom of testation.