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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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My sister committed suicide 12 days after signing a new Will

Customer Question

My sister committed suicide 12 days after signing a new Will which did not provide for her two dependent children aged 19 and 20 both living at home. My sister and her sons live with her fiancé of five years.
There was a $250K life insurance policy which was split 50% to fiance and 50% divided between the two boys.
There is a house worth $700K approximately with a mortgage of approximately $400K. All left to fiancé.
Is there a valid claim for these two boys against the Estate?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Did your sister have a lawyer do this will? Do you think that your sister was mentally incompetent at the time that she did this new will?
Customer: replied 2 years ago.
I am a certified law clerk with 29 years experience and she gave me very different Will instructions in December.I question her mental competency at the time she signed this Will yes.Yes a lawyer did prepare her Will. Apparently her and her fiancé had mirror Wills and the concern was that his ex-wife would come after his half of the house if he died first and that was the reason I was given for the sons not being able to realize any value from the home.I just feel that a relationship of six years does not warrant the amount of money he will walk away with and leave the children with 60K and he receives $300K plus the $125K from life insurance.We want to make sure we have a legal leg to stand on before commencing claims.
Expert:  Debra replied 2 years ago.
Is the boys' biological father living?Is so is there separation agreement in place that covered their estates?Also did the bio father pay support?Who is going to support the boys now?Does the fiancee think the Will is fair and wants it to be upheld?