A canadian judge has ruled that a man’s will could not stipulate the religion of purchasers of his home, calling the move “discriminatory.”
Thomas Allan Peach instructed in his will — drawn up more than 25 years ago — that his house be sold to an Anglican or Presbyterian and that the proceeds become part of his estate.
Peach, a single man with no children who died in April 2009, was a long-time member of St. Mary’s Anglican Church in Glace Bay, N.S.
The executor of his will had asked the courts to rule on whether the clause was legal. In a decision released on Jan. 19, Nova Scotia Supreme Court Justice David MacAdam noted that the province’s Human Rights Act prohibits discrimination on the basis of religion in the purchase or sale of property.
He wrote that the stipulation “is clearly discriminatory on the basis of religion.”
MacAdam added, “The executor, in carrying out the intentions of the testator, would necessarily have to violate the Human Rights Act.
“As a result,” the judge said, “in the sale of the subject property, the executor is not restricted to purchasers who are Anglican or Presbyterian.” — ENI
