What is the test for determining whether a testator has a moral obligation to provide for his or her children?
British Columbia, Canada
The following excerpt is from Berryere v. Berryere, 2000 BCSC 597 (CanLII):
The first interest has been described as the judicious parent test and was set out in the leading authority, Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807. Tataryn states that a judicious parent has a moral obligation to provide for his or her children based upon “...society’s reasonable expectations of what a judicious parent would do in the circumstances, by reference to contemporary community standards” (para. 28). However, Tataryn also states that there may be circumstances where a testator’s moral obligation to his child may be negated.
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