This is about a will. My 88 year mother had her will This is…

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This is about a will. My 88 year mother had her will This is…

This is about a will...

This is about a will. My 88 year mother had her will This is about a will. My 88 year mother had her will all made out just the way she wanted,--- had it filed in March of 2009-- She did up this will without any influence from anyone. The trustees knew about it, and were happy, she phoned me, and I accepted it--- All was well, and we thought Mom would live as long as her Mother did ( 100 yrs.--) then my sister-in-law came up from the states, in early June , 2009 , was furious when she found out Mom had just left her money and not more property ( Mom had a 36 acre farm and had given away most of it while she was living.-- she wanted the 4 acres she had left to go to her 2 children that got none of the farm, and that is what she stated in her will --- Diane kept at her, upsetting her so badly , that it was reported to me Mom was crying and not sleeping-- ( More upset than anyone had ever seen her)--- Mom finally caved and Diane drove he to the same lawyers and waited while she changed her will on June 25 2009-- June 26, mom fell and broke her leg--- 10 days later she died. I am trying so desperately to get this las will revoked. because it was coerced. it seems either the lawyers I am

using don't care or think it was just fine--- Can anyone help me straighten this out?---PS Although I was born on the farm in question in Kelowna, I now live in Ontario-- I was going to go back and retire in my Mother;s house-- Now it is impossible --- do you think I can get this last will revoked? I am so afraid if it goes to court it will wipe me out financially. -- it has already cost me a small fortune, and I don't think I will be able to change anything. Sharron you asked this canada la

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Answered in 1 hour by:

9/29/2011

Lawyer: Debra, Lawyer replied 9 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 131,992

Experience: Lawyer

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Debra Thal (username) :

We cannot act for you so we cannot actually help you.

Debra Thal (username) :

I can provide you with legal information.

Debra Thal (username) :

And I can suggest ways on finding a lawyer in BC if you need one.

Debra Thal (username) :

Did you make a claim under the Wills Variation Act?

Customer:

No, I don't think so, I went to a lawyer in B.C. to start a suit before I came back to Ontario. that lawyer filed a caveat but didn't show me first,--- she named my brother as causing the trouble which has caused me even more grief. I changed lawyers, and he sent letters to all the benefactors hoping they all would agree to go back to her March will. It cost me to have each of them served, and most didn't care so didn

Customer:

t even send it back. . Now . it seems the only choices I have is to either give up or pursue court action--- I am so worried. I can't believe that the legal system can't see what a horrible thing was done to my Mother. --- after all the work I have done and all the money I have spent, It is me that is looking like the bad guy. ----- Do you think I should make a claim under the Wills Variation Act?

Debra Thal (username) :

It is too late for that now.

Debra Thal (username) :

I am puzzled as to why this was not addressed earlier.

Debra Thal (username) :

But in terms of the legal system, you have not accessed the legal system.

Debra Thal (username) :

You need to go to Court to access the legal system.

Debra Thal (username) :

Lawyer cannot make decisions. They take instructions from clients so no once can fix this unless everyone agrees or it goes to Court.

Debra Thal (username) :

I am concerned that you will be out of time for all of this as it's been over two years.

Debra Thal (username) :

But you say you saw a lawyer about starting a suit so perhaps the proper claim has been made.

Debra Thal (username) :

I don't think you actually know which is unfortunate and not fair to you.

Debra Thal (username) :

I think you have to consult with a lawyer in BC right away.

Customer:

The lawyer I have is warning me it will cost me tens of thousands of $ to go to court. I retained a lawyer about two weeks after my Mother died--- why didn't she file that claim

Debra Thal (username) :

I don't know and maybe she did.

Debra Thal (username) :

You at least need to find out.

Customer:

I don't think any variation claim was made--- She just filed a caveat, which named my brother as causing the trouble--- I was so upset, I changed lawyers--- This lawyer sent letters to all the benefactors hoping they would agree to go back to her March will---- Most of them didn't even care

Debra Thal (username) :

You can 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 can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Customer:

I do have a Kelowna Lawyer now, He seems to be advising me to give up --- I am so upset.

Customer:

But first thing in the morning I will ask him if we filed anything under the wills variation Act. --- and if not Why not.

Customer:

I guess I had better do that. But is it too late now?--- between these two lawyers I have already paid close to $20,000 and neither one did much for me.--- I am very disappointed in the legal system.

Debra Thal (username) :

If the lawyer was supposed to file a claim and did not and you are too late then you may have to sue the lawyer for negligence and that may be the best thing to happen as the lawyer will be required to put you in the position you should be in had the lawyer done this right.

Debra Thal (username) :

And the lawyer will have insurance.

Debra Thal (username) :

So find out what happened, but don't threaten to sue.

Debra Thal (username) :

And if a claim was not started use the referral service and get a second opinion and then go from there.

Customer:

To me it is so cut and dry -- Oh just noticed your answer. Gee what will it entail to sue the lawyer?--- Is that going to cost me more?-- I am going broke over this --

Debra Thal (username) :

It may cost a lot and not be worth it.

But it may take one demand letter from a lawyer to have this lawyer contact his insurers if he's missed a deadline.

Debra Thal (username) :

I am not saying he has but find out.

Customer:

Isn't there a law that the elderly cannot be harassed like this into changing their will. I have proof that Diane questioned Mom and was furious, because she wrote me an email telling me. She thought I would agree. --- I just read your answers. I will write down these questions and ask the lawyer I have now what it would entail--- Can I contact you tomorrow night?--- and would you like me to come back on this chat ?---

Customer:

It is a shame that this is called a justice system--- I have spent $20,000 and have gotten no justice for my Mother.--- it is all very upsetting.

Debra Thal (username) :

You can contact me tomorrow night.

Debra Thal (username) :

Just put my name into the subject line when you post again. I am in Ontario and will be around during the day and then later in the evening. I wont' be around from about 6 for a few hours though.

Customer:

øk thanks-- I am a little north of Barrie-- where are you-- it is good to know you are here re the time difference--- You can probably sense the frustration I have gone through these last two years-- And the way my Mom died was Soooo awful. I will try and find you tomorrow---o.k. thanks Sharron

Debra Thal (username) :

I am in Toronto.

Customer:

Before I go, canyou see my question back a bit--- I said isn't there a law that protects the elderly from this type of abuse--- it really was abuse-- I keep asking my lawyer I have now if he thinks we can make a precident out of this case ,

Customer:

anyway-- tis getting late, I will try and find you tomorrow after I talk to Mr. Ledding.

Debra Thal (username) :

It's abuse but that cannot be addressed at this late time.

Debra Thal (username) :

Now it's about undue influence in terms of changing a Will.

Debra Thal (username) :

It's likely the case that you would succeed.

Debra Thal (username) :

If there was someone in BC to take this on for you it would be easier.

Debra Thal (username) :

You could even self-represent from the sound of things.

Debra Thal (username) :

But you cannot from Ontario unfortunately.

Customer:

OHhh , well this is the first real straight talk I ever got. It WAS abuse wasn't it??!! I knew it , and yet everyone just went along with it!__ I KNEW I was right. O.k. --- What more could I have done--- I engaged the best lawyer I knew of in Kelowna-- She filed the caveat but that is all she did-- I probably could have done that on my own-- right??--- I do have a lawyer in B.C.-- but it seems I need to tell him everything--- he is not suggesting anything other than for me to give up because it will cost me tens of thousands of $ if we goto court--- I may go out there and self represent myself when the time comes--- Wanna come-- with me?-- LOL Oh thank you for saying it is likely I would succeed. Man everyone is making out that I will lose--- that is a good thought to go to bed with. Thank you and I will talk to you tomorrow. Mr. ledding is going to wonder how I got so smart overnight--- ha, thanks. Goodnight--- talk tomorrow

Debra Thal (username) :

OK

Debra Thal (username) :

If we are done for now please click accept.

This authorizes the site to release my portion of what you paid them to me.

Debra, Lawyer

Category: Canada Law

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Experience: Lawyer

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