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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Hello When reading of the will is done ,is it legal to omit

Resolved Question:

Hello
When reading of the will is done ,is it legal to omit a portion to hide it from sibblings?
Thank you
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry for your loss.

Were there assets in your mother's name alone?
Customer: replied 11 months ago.

The only assets my mother had was very little money and we know that we have to wait for that final after taxes are complete.We all believe(there are 11 of us)that my one sister who made herself executor of the estate by manipulation of my mother whom did suffer from demencia has something to hide and even refused to let us see the will the night it was read(which took us over 4 months after mom's death to get read).

Expert:  Legal Ease replied 11 months ago.
Was the money in a bank account in her name alone?

Do you know how much money is in that account?
Customer: replied 11 months ago.

Her name alone and there probably only be a few hundred for each of us.


I want to know if it is legal to omit parts of the will because when it was read,it started as follows.''this is the only and last testiment of(my mothers name) and if it wasn't read in it's entirety then in my view,this reading wasn't complete

Expert:  Legal Ease replied 11 months ago.
There is no obligation to read a Will anymore.

In Ontario there is an obligation to provide the specific beneficiaries copies of part of the Will that applies to them and only the residuary beneficiaries would be given copies of the full Will.

At the same time if the Will is probated it becomes a matter of public record and anyone who wants can get a copy of the full Will by asking at the courthouse office.

If there is just a small amount in the bank account then the Will will not have to be probated.

At the same time, if you feel your sister has done something wrong and perhaps has taken assets she was not entitled to before your mother died, for example, then it would make sense to not only demand a copy for the Will but also to demand an accounting of what went on with your mothers banking beforehand if your sister was in charge of this banking.
Customer: replied 11 months ago.

We can demand a copy all we want which we have done because of our suspicions but she has refused.How to we legally obtain a copy?

Expert:  Legal Ease replied 11 months ago.
If she won't provide it you can get a court order requiring her to provide it.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85411
Experience: Lawyer
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