What is the test for adequacy of a testamentary provision in a will?
British Columbia, Canada
The following excerpt is from Chang v. Solus Trust Company Limited, 2014 BCSC 1224 (CanLII):
The basic approach formulated in Tataryn to address the adequacy of the testamentary provision requires the court to determine whether a testator has acted as a judicious parent or spouse in relation to the provision under the will, measured objectively, and assessed in light of contemporary societal legal and moral norms: Mawdsley v. Meshen, 2010 BCSC 1099 at para. 316, aff’d 2012 BCCA 91.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for making a testamentary provision in a will? (British Columbia, Canada)
What is the testator’s obligation to make a testamentary provision for each of his two children? (British Columbia, Canada)
What constitutes an adequate testamentary provision for a child? (British Columbia, Canada)
What is the test for recovery in the absence of any written testamentary provisions? (British Columbia, Canada)
What is the test for a will variation based on the failure to make adequate provision for the maintenance and support of a spouse or child? (British Columbia, Canada)
Is an arbitrator obligated to ensure that the provisions of a collective agreement comply with the Human Rights Code? (British Columbia, Canada)
What is the test for assessing the adequacy of legal advice? (British Columbia, Canada)
What is the testator’s moral obligation to make provision for his dependent spouse after he dies? (British Columbia, Canada)
What is the effect of the roadside driving prohibition scheme and its related review provisions? (British Columbia, Canada)
What is the test for a testamentary capacity of a man who is not a "raving madman or drivelling idiot"? (British Columbia, Canada)
