What is the test for making a testamentary provision in a will?
British Columbia, Canada
The following excerpt is from Eastman v. Eastman Estate, 2016 BCSC 1728 (CanLII):
I note that the onus is on the claimant here to prove that the will-maker failed to make adequate provision for her in his will. Further, while the assessment of whether adequate testamentary provision was made is generally based on the circumstances existing at the time of the will-maker’s death, a substantial change in the circumstances of the claiming beneficiary, such as his or her death, may also be relevant: Wilson v. Lougheed, 2010 BCSC 1868, at paras. 330–31.
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