Nova Scotia (Attorney General) v. Lawen Estate: Case Comment

“Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment” (2021) 41 ETPJ 22 (Forthcoming)

11 Pages Posted: 28 Nov 2021

See all articles by Jane Thomson

Jane Thomson

University of New Brunswick, Faculty of Law

Date Written: October 18, 2021

Abstract

Case comment on Nova Scotia (Attorney General) v. Lawen Estate in which the Nova Scotia Court of Appeal overturned an application judge's finding that testamentary freedom was a right protected under s.7 of the Charter of Rights and Freedoms. Additionally, the Court casts doubt on whether anyone involved in the administration of an estate, or a beneficiary of one, could bring a Charter challenge to legislation interfering with testamentary autonomy, based on public interest standing.

This is a pre-copy edited, post-peer reviewed version of the contribution accepted for publication in Estates, Trusts & Pensions Journal. Reproduced by permission of Thomson Reuters Canada Limited.

Keywords: Testamentary freedom, public interest standing, Constitutional law, dependants relief

Suggested Citation

Thomson, Jane, Nova Scotia (Attorney General) v. Lawen Estate: Case Comment (October 18, 2021). “Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment” (2021) 41 ETPJ 22 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3945019 or http://dx.doi.org/10.2139/ssrn.3945019

Jane Thomson (Contact Author)

University of New Brunswick, Faculty of Law ( email )

Bailey Drive
P.O. Box 4400
Fredericton NB E3B 5A3, New Brunswick E3B 5A3
Canada

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