What is the test for equitable distribution of the residue of a deceased's estate?

British Columbia, Canada


The following excerpt is from Comeau v. Decker, 1997 CanLII 4150 (BC SC):

The plaintiff does not take issue with the specific bequests. She essentially argues that as between herself and her brother, the residue should have been distributed more evenly, had her mother, acting as a "judicious parent", made "adequate, just and equitable provision" for the plaintiff in accordance with the principles established in Tataryn v. Tataryn 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807, and other authorities.

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