What are the principles to be applied under s. 2 of the Wills Variation Act?
British Columbia, Canada
The following excerpt is from Allchorne v. Estate of Allchorne, 2005 BCSC 104 (CanLII):
Tataryn v. Tataryn Estate 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807 sets out the principles to be applied under s. 2 of the Wills Variation Act. McLachlin J. (as she then was), speaking for the court, identified the two interests that are protected by the Act: (1) adequate, just and equitable provision for the spouses and children of testators and (2) testamentary autonomy.
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