What is the testator's intent to exclude the presumptive rule?
British Columbia, Canada
The following excerpt is from Dunn v. TD Canada Trust, 2017 BCCA 90 (CanLII):
The rule is, however, not absolute. Courts of Equity have always declined to apply the rule where the testator has excluded its operation (see Macdonald v. Irvine (1878), 8 Ch. D. 101 at 112). The question then is, how does a testator effectively convey his or her intention that the presumptive rule not apply, thereby defeating its operation?
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