What are the moral obligations of a supporting spouse to provide for the dependent spouse after the husband dies?

Alberta, Canada


The following excerpt is from Friend Estate (Re), 2000 ABQB 585 (CanLII):

In Tataryn Estate supra moral obligations are defined as society’s reasonable expectations as to what a judicious person would do in the circumstances, by reference to contemporary community standards. The case describes how most people would agree that a strong moral obligation exists for a supporting spouse to provide for a dependent spouse or dependent adult after his death, if the size of the estate permits. Where the estate permits, all conflicting claims should be met. Where priorities must be considered, claims based upon legal obligations should take precedence over moral obligations. The testator’s freedom to dispose of her property should not be interfered with lightly, but only insofar as the statute requires. The key point in Tataryn v. Tataryn Estate that applies in the application before me is the statement that morally it could not be just and equitable to deprive the wife, in this case husband, of the estate in his old age simply because his wife died first. To confine him to such sums would fail to recognize his deserved independence and his moral claim. CONCLUSION

Other Questions


Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
How long is a spouse required to continue to provide financial support for each other? (Alberta, Canada)
What is the effect of a spouse's gift from one spouse to the other spouse of a jointly designated beneficiary of an exempt amount? (Alberta, Canada)
In what circumstances will child support be deducted from income for purposes of calculating child support when a spouse loses a property loss? (Alberta, Canada)
How has the court considered the specific circumstance of a payor spouse’s obligation to pay child support to a second family? (Alberta, Canada)
Does a statutory scheme directing the equal division of matrimonial property between the spouses of a common law husband and the common law spouse preclude equitable remedy? (Alberta, Canada)
How is child support calculated when the income of the spouse is lower than the husband's? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
Is a parent's moral obligation not discharged by virtue of the fact that the government will look after the dependant person? (Alberta, Canada)
Can a husband who has agreed to pay spousal support without the benefit of legal counsel argue that when he signed an agreement to pay support, when he did not have the legal counsel? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.