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Father died past few days and supposedly left no will leaving…

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Father died past few days...

Father died past few days and supposedly left no will leaving assets to new wife of 6 years. Question is, our sister did have power of attorney while he was alive and our father did have a valid will in 2006 with our sister and new wife being co-executors. Can that will be voided without my sisters knowledge and can we contest the action?

Submitted: 11 years ago.Category: Canada Law

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4/11/2011

Lawyer: Debra, Lawyer replied 11 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 143,454

Experience: Lawyer

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What province is this please?

What is the value of the estate?

Was he mentally competent after 2006?

Who told you there was no Will?

Customer reply replied 11 years ago

Province is Saskatchewan.

As for the value, we're not sure. It could be anywhere from $10,000 to $75,000 plus realestate valued at $90,000 of which he had 50% share.

He was mentally competant as far as we could tell.

He and his wife told my sister the there was no will.

But the fact that there was not will was very much out of charcter for our father. When he was married to our mother (who passed away) for 52 years, everything was documented.

Lawyer: Debra, Lawyer replied 11 years ago

Was the house in both their names jointly?

Customer reply replied 11 years ago

Yes.

But our father did sign a note prior to a recent holiday with instructions stating that in the event of his death, all assets would go to his wife, with the understanding that she could remain in the condo and upon her death or if she decided to sell it before that time, his share of the real estate value was to be divided with his kids. But can she not change the title upon presentation of a death certificate to land titles?

Lawyer: Debra, Lawyer replied 11 years ago

If they held title as joint tenants then title vested in her at his death.

The house would not form part of the estate.

If they held titles as tenants-in-common them his half would vest in the estate and not her.

Also, any Will he has prior to marriage was revoked at marriage.

I suspect that is what happened.

That note if written in his own hand may be his last Will.

If your father died without a Will his wife gets the first $100,000 so if the estate is worth less than that she would get it all.

Your next step should be to sit down, face to face with a local estate lawyer. You cannot know where you stand until a lawyer reviews the deed, that not and the details.

I am sorry for your loss.

Customer reply replied 11 years ago

The will that was supposedly voided was created one year after he married his new wife and it names his kids, grand children, and her kids as beneficiares. That's why we cannot understand why the will was supposedly voided.

Lawyer: Debra, Lawyer replied 11 years ago

It makes no sense.

Wills are not voided just like that.

Either they are replaced or they are revoked in writing.

I would demand that you be shown then revocation.

There won't be one as it makes no sense.

This is not adding up.

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 143,454

Experience: Lawyer

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