What is the testator's moral duty to disinheriting to independent children?

British Columbia, Canada


The following excerpt is from Williams v Williams Estate, 2018 BCSC 711 (CanLII):

The task of fixing an appropriate amount in varying a will is a discretionary exercise involving consideration of a variety of circumstances. However, in Dunsdon v. Dunsdon, 2012 BCSC 1274 at para. 134, Justice Ballance summarized the following considerations that have been accepted as informing the existence and strength of a testator’s moral duty to independent children: • relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other; • size of the estate; • contributions by the claimant; • reasonably held expectations of the claimant; • standard of living of the testator and claimant; • gifts and benefits made by the testator outside the will; • testator’s reasons for disinheriting; • financial need and other personal circumstances, including disability, of the claimant; • misconduct or poor character of the claimant; • competing claimants and other beneficiaries:

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