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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I AM AWARE THAT AN IN-LAW RE-DRAFTED A NEW WILL TO REPLACE

Customer Question

I AM AWARE THAT AN IN-LAW RE-DRAFTED A NEW WILL TO REPLACE THE OLD WILL OF MY BROTHER WHICH DIDN'T SUIT THEIR NEEDS. BY DOING THIS THEY ALSO HAD SOMEONE IN MY FAMILY SIGN AS A WITNESS WITHOUT TELLING THEM THEY HAD COMPLETELY CHANGED THE ORIGINAL WILL THIS IN-LAW HAD ALSO SIGNED AS MY SIBLING ON THE WILL. IS THERE A STATUTORY TIME LIMIT (IE. WITHIN 6 MONTHS OF THAT ESTATE GOING INTO PROBATE) TO THIS FRAUDULENT ACTIVITY AND IS THE OTHER MEMBER OF MY FAMILY WHO TRIED TO HELP OUR IN-LAW AND HER YOUNG CHILDREN AT RISK IF I EXPOSE MY IN-LAW? HOW LONG BY WAY OF TIME WOULD I HAVE TO BRING THIS MATTER TO SOMEONE'S ATTENTION. IS THERE A TIME LIMIT AND HOW DO I GO ABOUT OBTAINING A COPY OF THE ORIGINAL WILL I HELPED TO DRAFT?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
This should be reported at once.There is no way to obtain the original Will as it should have been destroyed when the new Will was signed.You didn't provide your provinces but in some provinces there is a six month limitation period for contesting a Will.This should not be left even if the limitation period is longer because the estate could be wound up and the assets already dispersed.If there is fraud and/or forgery this is a criminal matter as well as a civil matter.It is very important to retain a lawyer to represent the other family member at this point.

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