What is considered adequate, just and equitable in the circumstances?
British Columbia, Canada
The following excerpt is from Prakash and Singh v. Singh et al, 2006 BCSC 1545 (CanLII):
The leading case on what is “adequate, just and equitable in the circumstances” is Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807, 3 E.T.R. (2d) 229. In it, McLachlin J., as she then was, explained that the determination of what is adequate, just and equitable must take account of both legal and moral obligations of the testator as of the date immediately before the testator’s death. Of the two, legal obligations must be considered first: Bridger v. Bridger Estate (2006), 53 B.C.L.R. (4th) 235, 2006 BCCA 230 at para. 19. MORAL CLAIMS
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