What constitutes an adequate testamentary provision for a child?
British Columbia, Canada
The following excerpt is from Ryan v. Delahaye Estate, 2003 BCSC 1081 (CanLII):
What constitutes an “adequate” testamentary provision for a child was expanded upon in Tataryn v. Tataryn, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807, where the court included both a legal and moral obligation by a testatrix toward her children. The moral obligation was described by McLachlin J. (now C.J.C.) at 814: … most people would agree that an adult dependent child is entitled to such consideration as the size of the estate and the testator’s other obligations may allow. While the moral claim of independent adult children may be more tenuous, a large body of case law exists suggesting that, if the size permits and in the absence of circumstances which negate the existence of such an obligation, some provision for such children should be made.
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