What is the testator's "moral duty" to meet the needs of the surviving spouse and their children?
British Columbia, Canada
The following excerpt is from Oskey v. Oskey, 2009 BCSC 1961 (CanLII):
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. [...]
"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)
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)
What is the test for moral claims in a second marriage where the deceased and surviving spouse are married and the surviving spouse has adult children from their first marriage? (British Columbia, Canada)
What is the test for a testator spouse to be found to have breached their moral duty to the testor spouse? (British Columbia, Canada)
What is the testator's moral duty to disinheriting to independent children? (British Columbia, Canada)
Is there any case law in which there is a presumption that a spouse who has two children by prior marriage has a valid will for the purposes of making a will that includes a will containing a will which also contains the children of two separate spouses? (British Columbia, Canada)
What is the testator’s moral duty to the independent children? (British Columbia, Canada)
What factors are considered in assessing a testator's moral duty to independent children? (British Columbia, Canada)
What is the testator’s moral duty to disinherite children from a will? (British Columbia, Canada)
What is a testator’s moral duty to an independent child? (British Columbia, Canada)
