What is the testator’s moral duty to disinherite children from a will?
British Columbia, Canada
The following excerpt is from A.P. v A.F, 2020 BCSC 746 (CanLII):
In Dunsdon v. Dunsdon, 2012 BCSC 1274, at para. 134, Ballance J. reviewed the factors which inform the existence and strength of a testator’s moral duty to independent children: • relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other; • size of the estate; • contributions by the claimant; • reasonably held expectations of the claimant; • standard of living of the testator and claimant; • gifts and benefits made by the testator outside the will; • testator's reasons for disinheriting; • financial need and other personal circumstances, including disability, of the claimant; • misconduct or poor character of the claimant; • competing claimants and other beneficiaries.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the testator's moral duty to disinheriting to independent children? (British Columbia, Canada)
When a will has been executed by a testator having testamentary capacity and that it was read by or read to the testator prior to execution, in the absence of suspicious circumstances, is there a presumption that the Testator knew and approved the contents of the will? (British Columbia, Canada)
What factors are considered in assessing a testator's moral duty to independent children? (British Columbia, Canada)
What is the testator’s consideration of the children of the Testator in his will for maintenance purposes? (British Columbia, Canada)
What is the testator's "moral duty" to meet the needs of the surviving spouse and their children? (British Columbia, Canada)
What is the test for determining whether a testator has a moral obligation to provide for his or her children? (British Columbia, Canada)
Does a testator have a moral obligation to ensure that the surviving spouse of a deceased testator's estate is not dependent upon another spouse who contributed substantially to his estate? (British Columbia, Canada)
What is the testator’s moral duty to the independent children? (British Columbia, Canada)
What factors are considered by the courts in assessing the moral obligations of a testator to his adult children? (British Columbia, Canada)
What is the testator's moral duty to an adult child? (British Columbia, Canada)
