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Answered in 32 minutes by:
8/13/2009
VerifiedIf there is no Will anyone can apply and if you both apply the Court would have to decide.
If there are life insurance policies with named beneficiaries then these beneficiaries get the proceeds and they do not form part of the estate.
If there are no named beneficiaries then the proceeds are part of the estate.
If your son and his spouse lived together for at least two years before his death and he died without a Will her rights are the same as if they had been legally married and if that's the case as the spouse, unless there are children, she will inherit his full estate.
Under the circumstances it would make sense for you to consult with a lawyer at once.
What you can do is contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and you can consult with the lawyer and the first half hour will only cost you $25.
I am sorry for your loss.
If there are life insurance policies with named beneficiaries then these beneficiaries get the proceeds and they do not form part of the estate.
If there are no named beneficiaries then the proceeds are part of the estate.
If your son and his spouse lived together for at least two years before his death and he died without a Will her rights are the same as if they had been legally married and if that's the case as the spouse, unless there are children, she will inherit his full estate.
Under the circumstances it would make sense for you to consult with a lawyer at once.
What you can do is contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and you can consult with the lawyer and the first half hour will only cost you $25.
I am sorry for your loss.
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