What is the testator’s duty to care for the children of the deceased?
British Columbia, Canada
The following excerpt is from Beam v. Mills Estate, 2015 BCSC 1269 (CanLII):
Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807 [Tataryn], is the leading case outlining a testator’s duties to a surviving spouse and/or children. Briefly stated, the court has a power to vary the provisions of the testator’s will so as to take into consideration the testator’s legal and moral duties to provide adequate maintenance and support for children. Where concerns are stated, resulting in the disparate treatment of one or more children, the concerns raised must be legitimate on an objective standard. There is no need for a child challenging a will of a parent to prove financial need.
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