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Answered in 7 minutes by:
3/12/2012
VerifiedDebra Thal (username) :
I am sorry for your loss.
Debra Thal (username) :
It's not up to his partner.
Debra Thal (username) :
For now it's up to the executor.
Debra Thal (username) :
But, so long as the Will has to be probated there is no question about your getting a copy of the Will.
Debra Thal (username) :
They cannot apply for probate without first providing you with a copy of the notice of application and a copy of the Will.
Customer:
His partner is the executor of his estate. He died January 22, 2012 your last statement I don't really understand. . . Why would I be entitled to get a copy of application for probate or what happens if its not going to be probated. When would I expect a copy of the will (timing of death versus sending out a copy)
Debra Thal (username) :
If there are assets in your father's name alone then the Will must be probated
Debra Thal (username) :
The law in BC is that any one who would inherit if there was no Will has to be served with a copy of the Will even if that person is not mentioned in the Will.
Debra Thal (username) :
And you and any siblings also will be told about your right under the Wills Variation Act to seek to vary the Will if it's not fair to you.
Debra Thal (username) :
If the Will is not being probated then you can retain a lawyer in BC to write the executor and demand a copy.
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.
Debra Thal (username) :
It's still fairly early on so I don't think it means anything that you've not heard yet.
VerifiedDebra and 87 other Canada Law Specialists are ready to help you
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