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B.C. is likely the most favourable province for a disinherited child launching a claim for a portion of a parent’s estate because of the Act, the article says.
The statute, which came into effect in 1920, permits courts to “make adequate provision” for the support of a testator’s spouse and children, the magazine reports.
“Mediation in this area has decimated case law,” Hull, partner with Hull & Hull LLP, tells Canadian Lawyer. “But from a practical standpoint, the independent child, moral obligation claim is pursued much more than it ever was and these cases are settled. The fact that B.C. has a statute is overplayed. It is a very powerful tool in mediation and settlement discussions.”
To date, courts in Ontario have not explicitly recognized a moral obligation for claims by independent children, but lawyers who practise in this area say the law is not that different than in B.C., Canadian Lawyer reports.