What is the test for making provision for the claimant that was adequate, just and equitable?
British Columbia, Canada
The following excerpt is from McLean v. Leffler et al, 2007 BCSC 154 (CanLII):
In order to establish that a testator failed to make provision for the claimant that was “adequate, just and equitable”, the claimant must prove that the testator failed to meet his legal obligations or his moral obligations owed to the claimant. A testator’s legal obligations are: “… the obligations which the law would impose on a person during his or her life were the question of provision for the claimant to arise.” A testator’s moral obligations to his spouse or child are legally defined as: “... society’s reasonable expectations of what a judicious person would do in the circumstances, by reference to contemporary community standards.” See Tataryn v. Tataryn Estate at paras. 28 and 30.
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