Moral Obligations: Ontario is not BC

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by | Jun 15, 2021 | News

In the case of Verch v. Weckwerth1 the Court of Appeal was asked to grant an appeal on the sole grounds that the deceased had a moral obligation to provide for his adult children in a just and equitable manner.

The deceased, Albert Verch had left a will that left his entire estate to his son’s estranged wife. The deceased’s children brought an application that challenged the will on the basis of undue influence, incapacity and conspiracy. A trial was held addresses the three issues in the will challenge. In final submissions at the trial, the deceased’s children raised the issue of a moral obligation on the part of the deceased to provide for his children in his will. They were ultimately unsuccessful on all grounds at trial and brought an appeal resting on the single issue of the deceased’s moral obligation toward his children.

by Ameena Sultan read the rest of the article