What is the testatrix’s reason for unequal distribution of her estate to her adult daughter?

The evaluation of competing moral claims by independent adult children is guided by the principles of adequacy, justice, and equity as enunciated in Tataryn supra at 814-815. This is not an easy assessment. Smith, J. commented in Ryan v. Delahaye Estate 2003 BCSC 1081, 2 E.T.R. (3d) 107 at paras. 67-68: The adequacy of a moral claim is not easy to assess, especially where a child has not been disentitled, but has received something less than her sibling. In the absence of express reasons for an unequal distribution, contemporary standards create a reasonable expectation of children sharing equally in a parent’s estate. However, no legal obligation exists to do so. The court must be cautious that it does not use the legislation to rewrite the will and thereby disregard the testatrix’s motives or reasons in distributing her estate in the manner she has chosen. Express reasons for the distribution of an estate form the basis for determining if the distribution of a testatrix’s estate is adequate, just and equitable. The law requires an examination of the accuracy of the express reasons in order to determine if they are accurate and therefore valid and rational in the circumstances that existed at the time of the testatrix’s death.