What is the test of the principle of testamentary autonomy?
British Columbia, Canada
The following excerpt is from McLean v. Leffler et al, 2007 BCSC 154 (CanLII):
The principle of testamentary autonomy places a strict limit on the extent to which the court may interfere with a testator’s intentions, namely: “... to the extent, and only to the extent, that this [is] necessary to provide ... what [is] adequate, just and equitable in the circumstances ... judged by contemporary standards”. See Tataryn v. Tataryn Estate, at para. 17.
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