What is the test for meeting the legal obligations of a deceased person's moral obligations?
British Columbia, Canada
The following excerpt is from McHale v. McHale Estate, 2015 BCSC 993 (CanLII):
Legal obligations will generally prevail over moral obligations, and moral obligations are to be weighed against each other according to their relative strengths and weaknesses taking into account the changes to the claims which arise from the testator’s death, Orr v. Orr, 2013 BCSC 208, at para. 30. It is not a “strict needs based test”. Where the estate permits, all claims should be met, Tataryn.
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