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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Wish to contest a will but coming close to deadline. Passing

Customer Question

Wish to contest a will but coming close to deadline. Passing of Accounts upcoming. Never notified of Probate prior to event.
Want to know which forms to use to contest will.
Forms to stop passing account, or at least delay.
Forms to have somebody else represent (not lawyer).
Uncle passed away in Manitoba. Live in BC, several of us wish to contest not so much as our amounts reduced but two other relatives removed entirely and a non-related individual who had recently befriended uncle major heir, also executor, also had power of attorney changed and no notification of change till after death. Wish to have relative in Manitoba act on our behalf. Would like delay to at least get access to documents to determine mental stability as has been denied unless will contested. Can we initiate and then withdraw if looks like proper procedure followed.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.

Are you saying you are a beneficiary but did not receive a notice of application for probate?

Customer: replied 5 months ago.
received notice of probate afterwards, then period information regarding the will...passing of accounts, went there and got a delay as we indicated wanted more info regarding the will. Am a beneficiary, but reduced from previous will. Cousin was main beneficiary and removed entirely. Uncle was directly related to me and siblings (all reduced)...wife's nieces (wife passed away year before) were all removed. Niece was power of attorney and main beneficiary previous will.
Expert:  Legal Ease replied 5 months ago.

You can first put in a notice of objection for the passing of accounts.

And you can also bring a motion asking or the passing of accounts to be put on hold as you are bringing an application to contest the Will.

In your supporting Affidavit you should set out the fact that you never received notice of application for probate or anything else until this very late date.

And you should make it clear that you are doing this as you have not been provided with the information you need and have been told you must contest.

Does that help as a starting point?

Customer: replied 5 months ago.
because in another province how can I have somebody file my documents and act in my interest....and would i find the forms by search passing of accounts on the Manitoba queens bench website?
Expert:  Legal Ease replied 5 months ago.

You really need a lawyer to act for you. Could you manage that? I can suggest a way to find a lawyer if that will help.

Customer: replied 5 months ago.
limited funds on this part and we know its difficult with inheritance law so hoping to do most on own or at least until we get some documents to clarify the decision made by uncle, i.e. reason why lawyer changed, no medical assess, emails from the home indicating his confusion and no notice of change of power....unfortunately not in manitoba so cannot use legal aid there. No way we can have somebody act on our behalf that is not a lawyer?
Expert:  Legal Ease replied 5 months ago.

I don't think you will succeed if you self-represent. It is hard to succeed even with a lawyer.

What could work is for you to retain a law firm and ask for them to have an articling student do the bulk of the work to keep the fees way down.

Customer: replied 5 months ago.
Can we start the notice and then get representation as case progresses?For notice of objection, Application to contest will are these specific forms or do I just need to find an application form and then designate it specifically for contest of will?
Expert:  Legal Ease replied 5 months ago.

Here are the forms:

http://web2.gov.mb.ca/laws/rules/forms_e.php

You would have to use a general application form as there is nothing specific for your situation.

You really should just ask for an adjournment for time to retain a lawyer and then let a lawyer do the documents as they are vital and if the lawyer is only do some of the work that really is the most important part.

Customer: replied 5 months ago.
that is what I am hoping to do is to request an adjournment of the passing of accounts and to start a contesting of the will to facilitate getting more answers but time and distance not in favor. If I am not in Winnipeg how do I file for a continuation? I can do forms and get them there but would need to have somebody else file....have contacts in Winnipeg but not lawyers, but if I add them on as in contest with me then could they file on our behalf.
Expert:  Legal Ease replied 5 months ago.

Anyone can take the documents to court for you. You can contact the courthouse office by telephone and ask how you can attend a motion by way of telephone or web conference because you are in another province.

But really, in my view it is very important that the only document you do yourself is the one asking for an adjournment because you could do the other documents in a way that will end up harming your position because you are not an experienced lawyer.

Customer: replied 5 months ago.
Have downloaded some of the files and that is why I wanted to know which forms to use for each... so for clarity
1)Notice of objection for passing accounts (maybe 4B, general documents or back to 37A)
2) Notice of Motion to hold passing of accounts till after Application of Contesting of Will (37A)
3)Notice of Application to Contest Will (14B)
4)Affadavit supporting the application to contest will (form 4D0
Customer: replied 5 months ago.
OK just got back last email....so to hold the passing of the accounts just do 2) Notice of Motion? based on pending application to contest will. Would that need an affadavit with it....and somebody else could submit the forms.
Then get additional legal advice with regards ***** ***** the other forms?
Expert:  Legal Ease replied 5 months ago.

Those are the correct forms. You always use the general heading for documents for each and every form. It is how the lawsuit is labled, essentially.

Yes you need the affidavit with it because it is your evidence. When there is no trial there is no live testimony in most cases, and that is why you need a sworn affidavit as your evidence.

And yes, this is how I advise you to proceed.

Customer: replied 5 months ago.
Can I submit the motion to hold before affadavit gets there? would need to swear affadavit here and get over there but would like to proceed with notice to hold as the date is July 4....so I think need to have forms in by 2 pm on Thursday.
Customer: replied 5 months ago.
Or is a faxed/scanned copy of affadavit stamped in Victoria valid to be submitted with Notice?
Expert:  Legal Ease replied 5 months ago.

You have to call them but I would hope the faxed versions are OK.

You have to serve the motion and affidavits and then file them with proof of service with the court. I don't know if you can get this done on time at this point.

I suggest asking them to consent to the adjournment.

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