Is there a moral duty on a testator to recognize the claim of an adult child?
British Columbia, Canada
The following excerpt is from Kaufman v Kaufman, 2017 BCSC 1347 (CanLII):
In MacKinlay v. MacKinlay Estate, 2008 BCSC 994, at para. 44, Justice Savage comments on testators’ moral obligations to adult children: However, [the adult children’s] claim does not easily fit the examples where a moral duty has been found on a testator to recognize the claim of an adult child, such as where there is disability, an assured expectation, an implied expectation arising out of the abundance of an estate or the adult child’s treatment, the financial circumstances of the child, the probable future difficulties of the child, or the size of the estate and other legitimate claims: [citations omitted]. I do not suggest by this that these examples are exhaustive of the circumstances where a moral duty may be found.
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