The Ontario Court of Appeal recently overturned an Application Judge's decision to set aside a will on public policy grounds, emphasizing the principle that the scope for judicial interference with a testator's wishes is limited. In this case, a father removed one of his daughters from his will, citing the souring of their relationship as the reason. The daughter applied to have the will set aside on the basis that the relationship breakdown was on the basis of racism and ought not to be upheld. The bank administering the estate appealed the daughter's application, and the original will was upheld.
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