What is the testator's obligation to provide an equitable share of his estate to his estranged wife?
British Columbia, Canada
The following excerpt is from Pattie v. Standal Estate, 1997 CanLII 2503 (BC SC):
The determination of what is "adequate, just and equitable" for a spouse or child has changed over time. It has evolved from a requirement that a testator provide for the support and maintenance of a spouse or child where there was need, to the present obligation of a testator to provide a spouse and child with an equitable share of his estate, even in the absence of need: Tataryn v. Tataryn Estate (1994), 1994 CanLII 51 (SCC), 93 B.C.L.R. (2d) 145 (S.C.C.). The judicious parent, in providing what is adequate, just and equitable for a spouse or child, is subject to legal obligations which in law might be imposed during his or her lifetime. These include maintenance and property allocations based on family law guidelines found in divorce and family property legislation, and the common law of constructive trust and principles of unjust enrichment. The testator is also subject to moral obligations being society's reasonable expectations of what a judicious person would do in the circumstances. Those expectations are determined by reference to contemporary community standards.
"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
Does a testator have a moral obligation to ensure that the surviving spouse of a deceased testator's estate is not dependent upon another spouse who contributed substantially to his estate? (British Columbia, Canada)
What is the difference between a husband and wife when the wife is a co-owner of a small business and the wife receives her share? (British Columbia, Canada)
What is the testator's obligation to provide for the biological child of a deceased testator? (British Columbia, Canada)
Does a solicitor have a fiduciary obligation to the client in order to meet the obligations incurred by the client while providing legal services? (British Columbia, Canada)
What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
What is the moral obligation or duty of a testator to recognize and provide for a claim of an adult child with a disability? (British Columbia, Canada)
Does a post-separation commercial transaction providing for the sale of shares awarded to the wife in the matrimonial proceeding to the husband be invalid? (British Columbia, Canada)
What is the testator's duty to provide maintenance and support for his wife for the rest of her life? (British Columbia, Canada)
What is the testator’s obligation to divide the estate of a child who is a self-sufficient adult child? (British Columbia, Canada)
When a dispute arises as to the administration of an infant's interest in an estate, in what circumstances will the infant's share of the estate be paid into court? (British Columbia, Canada)
