What is the effect of the rule of convenience in the law of estates?
Ontario, Canada
The following excerpt is from Rivard v. Morris, 2018 ONCA 181 (CanLII):
It is also necessary to consider estate law’s priorities, if this rule is to be fully understood. The most prevalent consideration in the law of estates is giving effect to the testator’s intention. If the testator does not consider the rule of convenience to be fair, the testator is free to oust the rule by postponing or eliminating the right to interest, or by providing for a different rate of interest, since the will is paramount: Maxwell v. Wettenhall (1722), 2 P. Wms. 26, 24 E.R. 628 (Ch.).
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