reasons at the time of her death, ruled Halfyard, in reference to a 1996 decision by the B.C. Court of Appeal. The trial judge fo- cused on the reasons he found to be true. "They are logically connected to the mother'
wrote Halfyard. The final step in the analysis was whether the reasons must be
s decision to disinherit the plaintiff,"
subjected to an objective "judicious parent" test. "The question of how the test is to be applied remains unsettled in this court," wrote Halfyard. The judge determined that based on a recent B.C. Court of
Appeal decision in Hall v. Hall, it is enough that a judicious par- ent "could" have made a decision to disinherit, to find that it is rational and should be upheld. The son did not file an appeal and Kasting says he does not disagree with the trial judge's interpretation of the law in Hol-
fered with lightly. The court is more likely to consider a claim "if there is no statement in the will, or no evidence" for disinheriting, he says. "The straw that broke the camel's back here, is the son tried to have his mother committed.
ognizes testamentary autonomy, adding the Supreme Court
For his part, Finkelstein says the court properly rec- stressed in Tataryn that
" he says. be " ntitled-1 1 it was not inter-
At the Forefront of Trust
At Hull & Hull LLP we are committed to keeping clients involved, informed and educated about their matter. We employ a wide range of media options designed to empower clients with legal and practical knowledge on estate matters.
venstot, even if the conclusions on the facts did not come out in favour of his client. "The test is whether you can convince a court the most important reasons are not valid and rational,
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12-09-12 8:40 AM
"When you've had cancer, every day is a gift."-Chris Taylor
"Thanks to the groundbreaking research, the care of Dr. Messner and the compassion of the whole team at the Princess Margaret Hospital, I'm here today."
A gift left in your Will can save lives. If cancer is your cause, support one of the top 5 cancer research centres in the world. To learn more about planning your gift, call 416-946-2295 or email legacy@pmhf.ca
See Chris Taylor's story atwww.pmhf.ca
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