Can a will-maker's moral duty be diminished or negated entirely where he or she has made inter vivos gifts to a claimant?
British Columbia, Canada
The following excerpt is from Grewal v Litt, 2019 BCSC 1154 (CanLII):
The court may consider the gifts outside the will to determine whether the will-maker has fulfilled his or her obligations. Depending on the circumstances, a will-maker’s moral duty may be diminished or negated entirely where he or she has made inter vivos gifts to a claimant. See McBride, at para. 133; and Doucette v. McInnes, 2009 BCCA 393, at paras. 83-84.
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