What is the testator's duty to provide for his spouse in the context of a marriage breakdown?
British Columbia, Canada
The following excerpt is from Erlichman v. Erlichman Estate, 2002 BCCA 160 (CanLII):
The proposition articulated in Tataryn, that the starting point in assessing the adequacy of the testator's provision for his spouse is a determination of the share of the family assets she would have received on a marriage breakdown, has been recently applied in Glanville, supra. Tataryn v. Tataryn Estate: The Moral Duties
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