What is the test for an estate under the Tataryn Estate Act?

British Columbia, Canada


The following excerpt is from Orr v. Orr, 2013 BCSC 208 (CanLII):

Thus, Tataryn v. Tataryn Estate mandates a two-stage analysis. At the first stage, the issue is whether the Will makes “adequate, just and equitable” provision for the applicant spouse or child. If so, that is the end of the matter. If not, the second stage requires the court to consider what would be an “adequate, just and equitable” provision.

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