What is the test for providing adequate provision for proper support for a dependent person?
Ontario, Canada
The following excerpt is from Michael v. Thomas, 2018 ONSC 3125 (CanLII):
“Adequate provision for proper support” is not limited to the bare necessities of existence: Bosch v. Perpetual Trustee Co., Ltd., [1938] All E.R. 14 (PC) at p. 20; Walker v. McDermott, 1930 CanLII 1 (SCC), [1931] S.C.R. 94. I note that s.62 (1) (e) of the Succession Law Reform Act provides that needs shall be determined with regard to the dependant’s accustomed standard of living.
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