Law students are taught in Wills and Estates law that a Will can be set aside as being against public policy, but rarely does this possibility become a reality. However, in January, 2015 a Superior Court Justice in Ontario set aside the Will of Emanual Spence for exactly that reason. Rector Spence, a black pastor died in 2013 and in his Will stated: “I specifically bequeath nothing to my daughter, Verolin Spence, as she has had no communications with me for several years and has shown no interest in me as her father.” Verolin contested the will as being void on public policy grounds, but the trustee for the estate argued that the statement did not include language that was explicitly against public policy. At trial, however, Verolin and a long-time family friend provided evidence that the real reason for the exclusion was that Verolin had given birth to a child with a Caucasian father. At the time of her pregnancy, her father told her he was ashamed of her, refused to have anything to do with her or her child, and referred to his grandson as his daughter’s “bastard white son.” The judge found their evidence clear and uncontradicted, and concluded that the reason for disinheriting Verolin was based on a racist principle. As a result, the judge declared an intestacy, and the estate was split equally between Verolin and her sister.
Spence v. BMO Trust Company 2015 ONSC 615 (CanLII)
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