What factors are considered in assessing a testator's moral duty to independent children?

British Columbia, Canada


The following excerpt is from BH v. JH, 2015 BCSC 1551 (CanLII):

The factors the court considers in assessing the existence and strength of a testator’s moral duty to independent children, as summarized by Madam Justice Ballance in Dunsdon v. Dunsdon, 2012 BCSC 1274 are as follows: • relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other; • size of the estate; • contributions by the claimant; • reasonably held expectations of the claimant; • standard of living of the testator and claimant; • gifts and benefits made by the testator outside the will; • testator’s reasons for disinheriting; • financial need and other personal circumstances, including disability, of the claimant; • misconduct or poor character of the claimant; • competing claimants and other beneficiaries.

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