A testator of a 43 year marriage, with 2 sons, one of whom he disliked, left his spouse a life status in the matrimonial home and the beneficiary of a discretionary trust of income from the residue, with the preferred son as beneficiary of the residue. Nothing was left to the other son. A rental house had been gifted to the preferred son.
To determine what is “adequate, just and equitable” the court must consider:
- Modern value and expectations;
- Legal obligations were the person alive;
- Moral obligations; and
- Size of the estate.
The S.C.C. saw Mrs. Tataryn legal and moral position as high. She received title to the matrimonial home, life interest in the rental property, residue to the sons, $10,000. to each son and rental property 1/3, 2/3 each son.