Further, even if proven, the law would not support an award to the plaintiffs in their circumstances. If a judge does find a link between a deceased parent’s neglect or mistreatment of a disinherited child and the child’s lack of progress in life and their current diminished financial circumstances, it may make an award if a judicious parent, after objective reflection, would recognize a moral obligation to make amends for neglect or mistreatment through the provisions of their will: Doucette v. McInnes, 2009 BCCA 393 [Doucette].
Generally, where an adult child complains of an unhappy relationship with or neglect of the parent, the summary of the cases between p. 19-50 and 19-51 of the Practice Manual, indicate a range of responses determined by the circumstances in the case. In Gray v. Nantel, 2002 BCCA 94 [Gray], the court found that the will-maker’s neglect of a child may be relevant in determining whether a moral duty is owed to the child.
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