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Law.Hut
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Category: Canada Law
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Experience:  with over 15 years experience.
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my aunt die a year ago with no will but left a letter with

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my aunt die a year ago with no will but left a letter with her wishes.my uncle wrote the letter for her. in it her house was left to my dad and my sister. all was ok until this year my dad passed away now my aunts and uncles say they want the house. for a year my dad and mom paid all the bills for this house and were fixing it up.my question is can they now change there mind on the house and what about all the other wishes in the letter because all of those items were given to the people she listed in her letter
thank you
Submitted: 11 months ago.
Category: Canada Law
Expert:  Law.Hut replied 11 months ago.
Hello:

Which province was your aunt living in?

Has there been any application to court to appoint an administrator for her estate?
Customer: replied 11 months ago.

newfoundland


no I do not think so

Expert:  Law.Hut replied 11 months ago.
What a person in the province dies without a valid Will, it is the provincial legislation called the intestate succession act that governs how the estate is distributed. The letter that was prepared for uncle will likely have no legal effect, as it does not meet the requirements to be valid will.

The Intestate succession Act sets out how property is to be distributed. If the person did not have children or a spouse, and their parents are already predeceased, then it is brothers and sisters of that person who will divide the estate in equal shares. The exact wording of that section of the active states:

8. Where an intestate dies leaving no spouse, issue, father or mother, the estate of the intestate shall go to the brothers and sisters in equal shares, and if a brother or sister is dead the children of the deceased brother or sister shall take the share their parents would have taken if living.

On application, the court will appoint an administrator, who will have the legal duty to take control of all assets of the deceased, and then distribute those assets after paying any debts owing by the estate. The distribution would have to be done based on the legislation, and not based on a simple letter that does not meet the requirements of a valid Will.

So a simple letter signed by your Aunt and stating that just one person and their child was to inherit some of her property will not be valid. All of the brothers and sisters will be entitled to share in the estate assets equally.

The court will not ignore the fact that some assets were distributed or taken by various family members following the terms of the letter. The court will have to take into account those assets when it is figuring out how to divide any remaining property. Also, contributions that been made towards the estate assets by your father or sister can be compensated for. Your mom or sister may wish to speak to a lawyer about making a claim against the estate for compensation for the contributions and labour that she or her husband made that have maintained or increased the value of estate assets which will now be shared by all of the various beneficiaries.

If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.


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Category: Canada Law
Satisfied Customers: 6985
Experience: with over 15 years experience.
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