What is the testator's duty of performing his or her duties toward the child?

British Columbia, Canada


The following excerpt is from Doucette v. McInnes, 2009 BCCA 393 (CanLII):

In considering whether a parent has properly performed her duties toward her child the court may examine a number of factors. In Price v. Lypchuk, Lambert J.A. said this at p. 381: But the moral duty imposed by the Act does not require a testator who has been rejected by a member of his family to ignore the rejection, nor does it require that all family members be treated equally, even when all are in need and the estate is small. If the members of the family have, for their parts, treated the testator either more considerately or less considerately, or if some of them are less well suited than others for the “battle of life”, or if the testator has made gifts to family members during their lifetimes, then the moral duty of the testator may be discharged or depleted. The testator must be judicious; he need not be impervious. [Emphasis added]

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