What is the legal test for establishing that a person is entitled to an inquiry into the maintenance and support of the applicant's home?
British Columbia, Canada
The following excerpt is from Unger v Unger Estate, 2017 BCSC 1946 (CanLII):
This requires a two-step process to be followed with the first question being was adequate provision made for the proper maintenance and support of the applicant? If the court finds that adequate provision has been made then the inquiry goes no further. If adequate provision has not been made, the second step is to consider what provision would be adequate, just and equitable in the circumstances: Eckford v. Vanderwood, 2014 BCCA 261 at para. 49.
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