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Tuesday, January 28, 2014

Should You Be Able To Will Your Property To Whomever You Choose?

An estimated quarter of a million dollars in ancient artifacts, coins and documents that once belonged to Saint Johner Robert McCorkill is in legal limbo, because McCorkill bequeathed them to the American antisemitic and white nationalist organization, the National Alliance.

The court heard that it's not the job of lawyers to decide whether a beneficiary of a will is morally worthy of receiving it. That, argued lawyer Andy Lodge for the Canadian Association for Free Expression, would create  a slippery slope wherein none could then argue that a drug dealer or a rapist shouldn't be able to inherit property.

McCorkill's will itself is legal and does not specifically say the funds should be used to promote hate--just that they be given to the National Alliance. The National Alliance also  paid for McCorkills final expenses.

Little information had been revealed about McCorkill other than that he was a friend of one-time teacher and noted Holocaust denier Malcolm Ross who was present in the courtroom.
Conversely, lawyers representing McCorkill's sister who is challenging the wil arguedthat leaving the estate to the National Alliance would be contrary to public policy in Canada.