What is the testator's obligation to make provision for an adult child?
British Columbia, Canada
The following excerpt is from Gould v. Royal Trust Corp. of Canada, 2009 BCSC 1528 (CanLII):
Any moral obligation of a testator to make provision for an adult child is negated where the testator disinherits that child, and there were valid and rational reasons for doing so at the time of the testator’s death. The onus is on the party applying to vary the will to show that the testator’s reasons for disinheriting an adult independent child were invalid or irrational: Berger v. Clark, [1999] B.C.J. No. 2904 (B.C.S.C.) at para. 15, aff’d 2002 BCCA 316..
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