The court considered a testator's moral obligations toward independent grown children
The Supreme Court of British Columbia ruled that a will should be varied to grant the testator’s estranged daughter an equal share of the estate because the original provisions failed to meet the testator's moral obligation to provide for her.
This case, brought under section 60 of the Wills, Estates and Succession Act (WESA), focused on whether the will adequately provided for Celina Kan despite her distant relationship with her father, Tat Kuan. The will left specific bequests to Celina, but the remaining estate—valued at $730,000 at the time of trial—was divided equally between Tat Kuan’s two other daughters, Ina and Sophia. Celina contested the will, seeking a variation to divide the estate equally among all three daughters.
Celina’s claim was rooted in her upbringing. At the age of four, she was sent to live with her father’s sister in Hong Kong, severing her direct relationship with her biological father. While she maintained some contact with him over the years, their relationship was largely distant. Celina’s childhood differed significantly from her sisters, as she was raised in more privileged financial circumstances. However, she testified to experiencing emotional trauma due to being separated from her immediate family.
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Throughout the trial, the court considered a testator's moral obligations toward independent adult children, particularly in cases of estrangement. The court, referencing principles established in case law, emphasized that a testator’s autonomy in will-making must be balanced with the moral duty to provide adequate, just, and equitable provision for children.
Although Ina and Sophia argued that their close relationships with Tat Kuan justified their larger shares of the estate, the court found that Celina’s estrangement, caused by her father's decision to relinquish his parental role early in her life, did not negate his moral duty to her. The court concluded that the will's provisions were inadequate and varied to provide Celina with one-third of the estate, equal to her sisters' shares.
