How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child?

Inter vivos gifts and assets received by survivorship may be taken into account in determining whether a parent has met her moral obligations to an adult child: Inch v. Battie, 2007 BCSC 1249, at paras. 69 and 70.

Any moral obligation of a testator to make provision for an adult child is negated where the testator disinherits that child, and there were valid and rational reasons for doing so at the time of the testator’s death. The onus is on the party applying to vary the will to show that the testator’s reasons for disinheriting an adult independent child were invalid or irrational: Berger v. Clark, [1999] B.C.J. No. 2904 (B.C.S.C.) at para. 15, aff’d 2002 BCCA 316..