Exclusion from a parent’s will can be deeply upsetting. In Spence v. BMO Trust Company, the Ontario Court of Appeal considered the limits of judicial intervention where an excluded daughter alleged that her father’s decision was racially motivated.

The will stated that the daughter had not communicated with her father for several years and had shown no interest in him. She relied on evidence outside the will to argue that the real reason for her exclusion was discriminatory.

The application judge set aside the will on public policy grounds. The Court of Appeal reversed that decision.

The Court emphasized testamentary freedom. The relevant gifts were clear, private, and unconditional, and did not require beneficiaries or trustees to act unlawfully or contrary to public policy. The alleged motive did not justify setting aside the will in those circumstances.

The ruling does not eliminate statutory limits on testamentary freedom or other grounds for challenging a will. It addresses the particular public policy argument advanced in the case.

What this could look like in practice

Consider an adult daughter who receives nothing while her brother inherits the estate. She believes the decision was hurtful and based on inaccurate views about their relationship.

An initial consultation would benefit from separating her concerns. Is she questioning whether the document reflects her parent’s wishes? Does she have evidence of impaired understanding or pressure? Was she receiving financial support? Is there a separate dispute about property she already owns?

These questions avoid treating every inheritance disagreement as the same kind of claim. They also help identify what documents and background information a lawyer needs.

The takeaway

An assessment should begin with the legal basis for seeking relief, alongside the personal history. Explaining why an outcome feels unfair is important context, but identifying the particular right or defect in issue is essential to developing a focused response.

The information on this page is provided for general educational purposes only and does not constitute legal advice. These summaries highlight selected principles and do not address every issue or subsequent legal development. Examples are hypothetical and do not predict the outcome of any case. The application of a decision depends on the facts and applicable law. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.