What is the test for valid and rational disinheritance?

British Columbia, Canada


The following excerpt is from Webber v Sullivan, 2019 BCSC 1522 (CanLII):

The court must examine the reasons why a spouse or child was disinherited to determine if they were valid and rational. Validity requires the reasons to be based on true facts, and rationality refers to a logical connection between the disinheritance and the reasons stated for it: Kong v. Kong, 2015 BCSC 1669 at para. 72.

Other Questions


What are the valid and rational reasons for disinheritance? (British Columbia, Canada)
How has the court found that a parent's reasons for disinheriting their child were valid and rational? (British Columbia, Canada)
Is a strata corporation's bylaw 45.16 valid to govern the use of common property valid? (British Columbia, Canada)
Is a plea of detrimental reliance valid in a valid plea of negligent misrepresentation? (British Columbia, Canada)
What is the test for determining whether a deceased's will is valid, rational, or genuine? (British Columbia, Canada)
What is the current state of the law regarding the testator's "valid and rational reasons" for giving birth to a child? (British Columbia, Canada)
Is a valid search warrant valid for the possession of marihuana under cultivation in a barn? (British Columbia, Canada)
What is the test for constitutional validity of federal legislation on egg marketing? (British Columbia, Canada)
What is the test for disinheriting a claimant in a will? (British Columbia, Canada)
What is the test for determining whether a child or spousal support order is valid? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.