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The Intestate Succession Act, 1996 sets out what happens if someone dies without a Will.
A surviving spouse, including a common law or same sex spouse, will receive the first $100,000. Any excess is shared equally between the spouse and one child. Where there is more than one child, the spouse receives one-third of the excess and the children share the other two-thirds.Let me know if you need further clarification.
i need to know if this is the applicable law in saskatchewan Canada, cause i know that are variations between provinces. And that makes the wife the executor of the state or needs to be appointed by the courts?
I cited the law of Saskatchewan of course. Don't worry! Someone has to apply to administer the estate. She can apply of course.
the wife have a copy of a paper that states his last wishes but the original is missing, The kids can refute that paper or have the right to ask for the original? and that will stand in court as a will?
I don't know if that will stand in Court as his Will or not.Was it all written by hand and did he sign it?
no, is wanst by hand was just in some bank papers but he signed but those papers stayed in the bank for almost 8 year and now they dont have the original, and my mom want to have an action to sale everything and i dont want to loose what i might have the right to inherit.
I am not following now.Why would there be a list of wishes on bank papers and not a Will?And if the papers were typed and he signed them if there were witnesses it may be the same as a Will.When did he die?
he died about a month and a half ago, there were not tiped where just in a standar form to continue a loan.
So, how would that show his wishes then?
cause the papers are "the bank of nova scotia trust company confidential will instructions" but there were no will made after that because he had a stroke the next day,, any of this is in his handwriten just his signature at the end.. but now the witness is no where to be found and the original is missing.
But if it was blank then why do you want that document?
no, is not blank, was filled with what we "believe" where his wishes but there is a part that he signed that said " this estimate of fianancial worth represents the approximate value of my assests, and all other information cotained herein are provided in stric confidence, and may be used only for planning purposes. this is my autorization to you to have a will prepared for me based on the foregoing emplaying the law firm of ____________. ( that line means that was not filled)
So, you are saying that he was setting out what he wanted in the Will and they were to do it but he got sick and it never happened?
yes, that was what happen
but remember that the bank offical and the original are missing, the bank official no longer work for the bank and the "missplace" the original, can i refute that copy?
I have a few questions now.How do you know that happened?Are you one of the kids?If so do you want that paper to be treated as valid?What does your mother say?Were there assets that were in your father's name alone?
yes, I am one of the kids, no i dont want that paper to be trated as valid and my mom want to sell everything for pennys of a dollar to kkep everything to her .. there were assets but my mom sold them while dad was sick and she already spend all the money in trips and cars.
she sais that even if the paper is not valid, she will inherit everything cause she is the widow
But now you know she is wrong.BNut are there assets that are only in his name? Or do all the assets have both parents' names on them?
most of the assets right now are land and farm equipment and most of its is in dads name alone.,, i can stop her from having that action sale?
You can but you will need a lawyer to bring a motion to Court.I would suggest you start looking for a lawyer Monday.
thanks a lot,, so i will have a good chance to refute that copy ?
I don't know. But I know that if your father died intestate your mother doesn't get it all.
thanks a lot again,, thanks!!