The focus of this paper is to analyze a fourth situation where courts collapse trusts when the terms postpone entitlement to some arbitrary time notwithstanding that the beneficiary is an adult with the legal capacity to manage his/her affairs. Over time, through both common law and statute absolute testamentary freedom has been circumscribed where: (1) dependants have been inadequately provided for (2) a beneficiary is an ‘unworthy heir’ such as someone who had murdered the testator or a group that would benefit from the assets in a manner that is contrary to the Criminal Code (terrorist entities, for example) and (3) there are provisions in a Will that violate public policy. Accordingly, testators are, for the most part, legally entitled to dispose of assets as he or she wishes. Testamentary freedom is a hallmark of the common law in democratic societies that support the rule of law and property rights generally. There is a tension between the two sometimes conflicting goals of protecting testamentary freedom 2 and permitting sui juris beneficiaries to enjoy their property without undue restrictions. FAQs – Power of Attorney for Personal Care.Oppression Remedy / Shareholder Disputes.
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