When will a court allow an adult child to become an independent adult child?
British Columbia, Canada
The following excerpt is from Sawchuk v. National Trust Co., 1998 CanLII 6233 (BC SC):
McLachlan J. wrote that there were two interests to be protected: those of the survivors and those of the testator's autonomy, and when considering those two competing interests, it is clear that modern law has rejected the need/maintenance approach, [Walker v. McDermott, 1930 CanLII 1 (SCC), [1931] S.C.R. 94], and thus the courts were now free to recognize the claim of an independent adult child.
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