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A life, a will is judged

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25.06.2019

A recent court decision lists factors a judge considers when determining whether you have met your moral obligations to each of your children in your will.

The court decision, Trudeau v. Turpin Estate, 2019 BCSC 150, deals with an attack of a mother’s will by two of four daughters who were left shares of only five per cent each.

All four daughters were independent, ranging in age from 56 to 68.

As a society, we long ago passed a law requiring the court to vary a will if the testator has failed to meet their legal or moral obligations. That law is now found in section 60 of the Wills, Estates and Succession Act [SBC 2009] Ch. 13.

The judge in the Trudeau decision provided a list of six factors considered by the court when evaluating the strength of a testator’s moral duty to independent children. You should carefully consider these factors when making your own will.

I explained the first, Contribution and Expectation, in my last........

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