In what circumstances will the Supreme Court strike down a "strictly strict" and "unnecessarily strict" test for the purpose of determining the value of a deceased's assets?
Alberta, Canada
The following excerpt is from MacMillan Estate (Re), 2000 ABQB 84 (CanLII):
In Scramstad v. Stannard, supra, Binder J. observed at p. 346: ...the adoption of an overly strict test could and probably would result in many testators, especially the elderly, being stripped of the right to dispose of their assets as they see fit.
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