The McCorkill Legacy: Can Bequests be Overturned for Ideological Reasons?

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Can you bequeath your money to whomever you like? Until last May, that might have seemed a silly question.

However, the enemies of free speech are nothing if not determined and we are living, it seems, in Absurdistan. Last May, the Southern Poverty Law Center, a well-funded rabidly anti-free speech group in the U.S., learned that a retired New Brunswick Professor Robert McCorkill had left his estate to the U.S.-based National Alliance. The SPLC raised the usual howls about “neo-Nazis” and “White supremacists”. Richard Warman, a pal of the SPLC, fumed that such a bequest was contrary to “public policy.” 

Although the will had been probated, a long estranged sister emerged and obtained an injunction until an application to overturn the will could be heard. Almost overnight, three more parties piled into the fray to try to hijack the will – the Centre for Israel and Jewish Affairs (successor to the Canadian Jewish Congress), the League for Human Rights of B’nai Brith, and the Attorney General of New Brunswick. All sang the same tune: the NA was “racist”; 

Canada’s public policy is against “racism” (well, except for its 110% support of Israel as a Jewish state) and, therefore, the NA shouldn’t receive the bequest.

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