Thus, a portion of the moral obligation owed by a testator may be to allow the surviving spouse a degree of independence to determine how assets will be used, and not to be dependent upon another to determine what share of the asset she is entitled to encroach upon. With respect to second marriages, the principle of independence may be less important where it was the first wife who contributed substantially to the amassing of the testator’s estate: see Chan v. Lee Estate (2002), 47 E.T.R. (2d) 163, 2002 BCSC 678 at para. 200, varied (2004), 36 B.C.L.R. (4th) 37, 2004 BCCA 644.
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