What is the testator's responsibility for not having a relationship with his son?
British Columbia, Canada
The following excerpt is from Rampling v. Nootebos, 2003 BCSC 787 (CanLII):
In Gray v. Gray Estate (2002) B.C.J. 270, Donald J.A. in delivering the judgment of the court said that the fault in not having a relationship between the testator and his son lay with the father and the onus of further reconciliation was on his shoulders.
In Crerar v. Crerar (1998), B.C.J. 1973, in dealing with the estrangement between a father and two sons, in the case of one son Southin J.A. said that the estrangement was caused by the testator and the son’s moral claim should be recognized, while in the case of the other son, although the father had reasons which she understood, she decided that the son should not have been disinherited.
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