The standard of appellate review of a wills variation order was stated by McLachlin J., as she then was, in Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807 at 813: For the purposes of [the Wills Variation Act], an appellate tribunal is in the same position as the trial judge; deference to the findings of the trial judge is not required except on matters based on oral testimony: Swain v. Dennison, 1966 CanLII 42 (SCC), [1967] S.C.R. 7, at p. 12. The statutory test in s. 2 of the Act is whether the testator has made "adequate provision for the proper maintenance and support of the testator’s spouse or children….” If not, the section allows the court to order the provision that it “thinks adequate, just and equitable in the circumstances….” The authorities make clear that the testator’s duty extends to a moral duty.
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