The determination of what is "adequate, just and equitable" for a spouse or child has changed over time. It has evolved from a requirement that a testator provide for the support and maintenance of a spouse or child where there was need, to the present obligation of a testator to provide a spouse and child with an equitable share of his estate, even in the absence of need: Tataryn v. Tataryn Estate (1994), 1994 CanLII 51 (SCC), 93 B.C.L.R. (2d) 145 (S.C.C.). The judicious parent, in providing what is adequate, just and equitable for a spouse or child, is subject to legal obligations which in law might be imposed during his or her lifetime. These include maintenance and property allocations based on family law guidelines found in divorce and family property legislation, and the common law of constructive trust and principles of unjust enrichment. The testator is also subject to moral obligations being society's reasonable expectations of what a judicious person would do in the circumstances. Those expectations are determined by reference to contemporary community standards.
"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.