Is there a duty on a competent testator to provide in her will for an adult, independent child?

Nova Scotia, Canada


The following excerpt is from Lawen Estate v Nova Scotia (Attorney General), 2019 NSSC 162 (CanLII):

[U]unlike the legislation addressed in Tataryn, in Ontario there is no statutory duty on a competent testator to provide in her will for an adult, independent child, whether based on an overriding concept of a parent’s alleged moral obligation to provide on death for her children or otherwise: see Verch Estate v. Weckwerth, at paras. 43–44, aff’d 2014 ONCA 338, at paras. 5-6, leave to appeal to S.C.C. refused, [2014] S.C.C.A. No. 288. Adult independent children are not entitled to dependant’s relief protection under the SLRA because they do not meet the definition of “dependant” under that statute. Ontario law accords testators the freedom to exclude children who are not dependants from their estate distribution.

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