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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99980
Experience:  Lawyer
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My mother 's estate lawyer prepared a codicil to my mother

Customer Question

my mother 's estate lawyer prepared a codicil to my mother will in 2013. there is paragraph related to the potential for my brother's death before hers. My mother intended that should this he predecease her, his share of the residue be divided equally among the remaining 4 children. My brother died this year - 4 siblings
In the codicil the estate lawyer ommitted one of the surviving siblings' names.
my mother is no longer compus mentis, the executors did not see the codicll till now. so it was not caught.
What do we do?
One of the executors
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear of your loss and of this difficult situation.

How do you know that your mother meant that the four remaining children would share in the estate? For example, has she always treated all of you the same? What did the lawyer say about this or has this not be looked into with the lawyer yet?

Customer: replied 1 year ago.
My mother made it clear to all of us and to me. I am one of the executors and worked with the original lawyer and the one who prepared the codicil.Suzanee
Expert:  Debra replied 1 year ago.

Will all of you agree that the 4th child should be included or is someone going to oppose this?

Have you told the lawyer about this error yet?

Customer: replied 1 year ago.
all 4 will agree. yes I reported it.Ive already paid a premium package the web site is asking for more $.... I'm baffled...
Expert:  Debra replied 1 year ago.

If you all four agree then you can redress this when you mother dies. Each of the other siblings can agree to give up a portion to your brother.

If one will not you will need to take this to court and the lawyer will have to testify. I don't know what the site is saying as I don't work for the site.

Customer: replied 1 year ago.
it isn't my brother whose name was accidently omitted and who pays the court costs, the estate, the lawyer ? should the sibling sue the lawyer or report her to the law society.
Expert:  Debra replied 1 year ago.

The lawyer should pay the costs. The estate would sue the lawyer if necessary. The brother could as well if the estate will not. This is not for the law society. They deal with misconduct. This is a potential lawsuit.

Customer: replied 1 year ago.
as I said, it isn't a brother. So when initiating a suit does one add "suing for costs" in the paper work. Do we need an estate lawyer to do this? tx
Expert:  Debra replied 1 year ago.

Yes you ask for an order for your costs. You will need an estate litigation lawyer.

Customer: replied 1 year ago.
Okay TxHow do I find one? do lawyers list on line and is there a peer revue I can see?
Customer: replied 1 year ago.
No call please . no more costs.
Expert:  Debra replied 1 year ago.

You can contact the Law Society 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 free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

There is no peer review unfortunately though that is a good idea!

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