ARTICLE
10 June 2016

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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McInnes Cooper

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McInnes Cooper is a solutions-driven Canadian law firm and member of Lex Mundi, the world’s leading network of independent law firms. Providing strategic counsel to industry-leading clients from Canada and abroad, the firm has continued to thrive for over 160 years through its relentless focus on client success, talent engagement and innovation.
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.
Canada Family and Matrimonial

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.

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