Does a will-maker have a moral duty to treat all of his children equally?

Brent argues that the law imposes no requirement that children be treated equally by a will-maker. The fact that an independent adult child has not received the same provision under the will as the will-maker’s other child or children will not, in and of itself, constitute a breach of the will-maker’s moral duty: Hancock v. Hancock Estate, 2014 BCSC 2398 at para. 71; Dunsdon at para. 136.

The defendant also says that in cases such as this, where both children are independent adults, there is no moral issue regarding need or adequacy of support, and reasons have been stated for the disinheritance, the onus is on the disinherited party to show that the testator did not have a valid and rational reason for disinheriting her: LeVierge v. Whieldon Estate, 2010 BCSC 1462 at para. 62.