What is the test for a testator to recognize the claim of an adult child?
British Columbia, Canada
The following excerpt is from Brown v. Ferguson, 2010 BCSC 1890 (CanLII):
In McBride, the court reviewed the circumstances that might support or negate a testator’s moral duty to recognize the claim of an adult child and summarised various considerations that govern the analysis of a testator’s moral duty to adult independent children (see also Clucas v. Clucas (Estate), (25 February 1999), Vancouver A973288 (S.C.)). The court’s summary at para. 132 is of particular relevance to this case:
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