CanadaWhat moral obligation does a testator have to provide for their spouse and children?
In Canada, a testator has a moral obligation to make 'adequate, just and equitable' provision for their spouse and children — a duty recognized by courts even where wills comply formally with the law.
What the Law Says
While most Canadian provinces do not impose a strict legal duty to provide for family members in a will, British Columbia’s Wills, Estates and Succession Act (WESA) — and its predecessor, the Wills Variation Act — empowers courts to vary a will if it fails to make 'adequate provision' for a spouse or child. This reflects a statutory recognition of moral obligations alongside testamentary freedom.
The foundational principle comes from British Columbia’s former Wills Variation Act, which allowed courts to intervene where a will did not make 'adequate provision for the proper maintenance and support of the testator's spouse or children.' Though repealed in 2014, its core test lives on under WESA.
WESA now provides that a court may alter a will if it does not make 'adequate provision for the proper maintenance and support of the testator's spouse or children' — and further requires courts to consider 'what is adequate, just and equitable in the circumstances.'
Statutory Textadequate provision for the proper maintenance and support of the testator's spouse or children
— Wills, Estates and Succession Act, S.B.C. 2009, c. 13, s. 60 — Variation of wills
Statutory Textwhat is adequate, just and equitable in the circumstances
— Wills, Estates and Succession Act, S.B.C. 2009, c. 13, s. 60 — Variation of wills
What Courts Have Said
The Supreme Court of Canada established the modern framework for assessing moral obligations in wills variation cases.
The Court held that courts must balance the testator’s testamentary freedom against their legal and moral obligations. Moral obligations include providing for a surviving spouse and dependent children — especially where the spouse contributed to family assets or where children are minors or financially dependent.
What to Do
Review your will regularly — especially after major life events (e.g., marriage, divorce, birth of children).
Consider whether your spouse and children would be fairly supported if you died tomorrow — both legally and morally.
If excluding or limiting provision for a spouse or child, document your reasons clearly (though courts may still override them).
Consult an estates lawyer in your province — rules differ (e.g., BC permits variation; Ontario does not have equivalent legislation).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.