What is a husband’s moral obligation to the deceased?
British Columbia, Canada
The following excerpt is from BH v. JH, 2015 BCSC 1551 (CanLII):
I turn next to consider the moral obligation owed by the deceased to DH. In Holland v. Holland Estate, [1995] B.C.W.L.D. 2180 (S.C.), the court characterized the proper test for determining whether a testator’s spouse has breached his moral duty as “whether, as a just husband, seeking to discharge both his marital and his parental duty, he properly considered the situation of his wife and an appropriate standard of living for her” (at para. 25).
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