What is the testator’s consideration of the children of the Testator in his will for maintenance purposes?
British Columbia, Canada
The following excerpt is from Brauer v. Hilton, 1979 CanLII 746 (BC CA):
Turning to a consideration of the children of the testator, it would appear that the trial judge was to some extent influenced by the evidence he had heard as to the treatment by the testator of the children while they lived at home, Such considerations are not the proper basis for exercising the discretion granted to the court by the statute. In Allardice v. Allardice, supra, Cooper J. said at p. 975: “I repeat that we have no power to recast the testator’s will or to redress inequalities or fancied injustice, but only to secure a sufficient provision for the proper maintenance and support of those children of the testator who have been left by him without proper and adequate means of support. This general rule is, I think, the governing principle. Its application depends upon all the circumstances of each particular case.”
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