What is the testator's obligation to provide for the biological child of a deceased testator?
British Columbia, Canada
The following excerpt is from Lansing v Richardson, 2002 BCSC 262 (CanLII):
However, modern technology has transformed this kind of determination from the weighing of fading recollections coloured by self interest to a more precise scientific conclusion. Counsel inform me that DNA analysis was a factor that led to the conviction of McKenna: it is probable that DNA samples were taken from Lansing's body to assist in the prosecution of McKenna. Assuming that analysis is available, it is a short step of limited cost to determine whether the plaintiff is the biological child of Lansing. If so, there would be a legal obligation on the testator to provide for the plaintiff during her lifetime. If that is established, then according to my reading of Tataryn v. Tataryn Estate (1994), 1994 CanLII 51 (SCC), 93 B.C.L.R. (2d) 145, the court may consider what is "adequate, just and equitable in the circumstances" after the testator's death.
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