What is the test for moral claims in a second marriage where the deceased and surviving spouse are married and the surviving spouse has adult children from their first marriage?

British Columbia, Canada


The following excerpt is from Bath v. Bath Estate, 2016 BCSC 1239 (CanLII):

As the cases show, it is difficult to assess moral claims. It is particularly difficult to assess moral claims in cases involving second marriages where the deceased and surviving spouse have independent adult children from their first marriages: Saugestad v. Saugestad, 2006 BCSC 1839, at para. 122.

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