Does the phrase "moral duty" in the context of maintenance and support apply to the purpose of meeting the need of the surviving spouse and children?
British Columbia, Canada
The following excerpt is from Law v. Tretiak, 1993 CanLII 2537 (BC CA):
29 With respect, I think this is a misapprehension of what is comprehended by the phrase "moral duty". In my view this phrase includes but is something greater than need. This is clear from Mr. Justice Macdonald's citation of Walker v. McDermott, 1930 CanLII 1 (SCC), [1931] S.C.R. 94 where, at p. 96, Mr. Justice Duff (as he then was) said that proper maintenance and support cannot "... be limited to the bare necessities of existence." In other words, meeting need alone of the surviving spouse or children is not the full measure of the obligation of the testator.
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