What is the test of adequateate, just and equitable for the purpose of disinherited beneficiaries?
British Columbia, Canada
The following excerpt is from McEwan v. McEwan, 2014 BCSC 916 (CanLII):
The test of what is “adequate, just and equitable” is an objective test. The fact that the testator was of the view that he or she adequately and properly provided for the disinherited beneficiary is not relevant if an objective analysis indicates that the testator was not acting in accordance with society’s reasonable expectations of what a judicious parent would do in the circumstances, by reference to contemporary community standards. See Inch v. Battie, 2007 BCSC 1249, at para. 65 and Clukas v. Clukas Estate (1999), 25 E.T.R. (2d) 175, 1999 CanLII 5519 (B.C.S.C.), at para. 12.
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