What is the test for a testator spouse to be found to have breached their moral duty to the testor spouse?
British Columbia, Canada
The following excerpt is from Steernberg v. Steernberg, 2006 BCSC 1672 (CanLII):
The moral duty is customized to each specific claimant. The test in determining whether a testator spouse has breached his or her moral duty is whether, as a just husband or wife he or she properly considered the situation of his or her spouse and an appropriate standard of living for that person: Holland v. Holland (1995), 9 E.T.R. (2nd) 119 (B.C.S.C.).
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