What is the test for a disposition that substantially prefers the moral claims of adult independent children to those of long-term caring and dedicated spouse?

British Columbia, Canada


The following excerpt is from Unger v Unger Estate, 2017 BCSC 1946 (CanLII):

As the Court of Appeal observed “it is…not a viable option for the court to approve a disposition that substantially prefers the moral claims of the adult independent children to those of a long-term caring and dedicated spouse”: Picketts v. Hall (Estate) 2009 BCCA 329 at para. 62.

The plaintiff is 80 years old and consideration must be given to what her needs are for the remainder of her life. As Mr. Justice Finch, as he then was, noted in Frolek v. Frolek [1986] B.C.J. No. 1869 (S.C.) at para. 24:

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