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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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Can a husband change s wife's Will after she dies? In her

Customer Question

Can a husband change his wife's Will after she dies? In her Will, her wishes were that their estate was to be left to only one of her sons because he is disabled. After her passing, her husband, son's father, wrote a new Will excluding the disabled son from his Will. Since the husband is the surviving spouse can he cancel out the wife's Will?
Since then the wife's husband, son's father, passed away and the disabled son was left with nothing and his siblings got the whole estate. The disabled son's brother is his power of attorney and did not notify him of his father's death. Being his power of attorney, he also took $400,000 in GICs out of his brother's bank account because he because he is his Power of Attorney. The GICs were in both the disabled son's name and his father's name? Is that legal? It was done before the father passed away, while he was still living. Sorry about the long-winded letter. : )
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I have several questions first.

Did the parents have a mutual Wills agreement?

Did the mother's Will give the full estate to the father if he was living and to the disabled son if the father died?

What did the brother appointed under the POA do with the money?

Did the disabled brother appoint him under the POA and was he mentally competent to do and is the disabled brother mentally competent now?

Customer: replied 1 year ago.
No they did not, they had separate Wills.
The entire Estate was given to the disabled son. We believe they had separate Wills. But the Estate was meant for the disabled son after the father's passing.
The brother was appointed to handle his financial affairs if something happened to him. It was during a major surgery and and advised by his doctor.
No he was not mentally competent because he is on a large amount of morphine and still is. He broke his back and is permanently disabled.
Expert:  Debra replied 1 year ago.

This is not really adding up. Are you saying that the mother gave her entire estate to the son and while the father did not contest that he simply took all of the son's money?

If the disabled son is mentally competent now why is he not revoking the power of attorney and why is he not getting the $400,000?

Customer: replied 1 year ago.
He did revoke the power of attorney, but the money was gone before he did it.Yes she wrote her Will and left the entire Estate to the disabled son and the father was in agreement but had not had his made yet. We don't know what was on his father's Will because we have not seen it. Disabled son is estranged from the family. He just found out that his father passed by running into a friend of his family. We were not contacted by his brother to tell us his father passed away. That's why we are waiting for the death certificate.
Customer: replied 1 year ago.
In the disabled son's Will I am in charge now. I am his life partner and have been for 10 years.
Customer: replied 1 year ago.
We don't know why disabled son is not getting the money. It was in the father and his name only. But his brother removed it from his account while he had POA.
Customer: replied 1 year ago.
Ok I will have to find a lawyer in Victoria so he/she can do some digging. Thank you.
Expert:  Debra replied 1 year ago.

I am very sorry. I don't know why but I did post some more questions to you and they did not go up. Here they are again.

This is my confusion. The father could not change the mother's Will Is it possible that with the mother's Will said was that she wants her estate to go to the father during his lifetime but then the money go to this son after the father's death?

Why is the disabled son not suing his brother?