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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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My brother passed away Sept 23,2013. s will was dated 1983,

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My brother passed away Sept 23,2013.
His will was dated 1983, states that his land and machinery was willed to 3 sisters and a nephew., plus 3, 10,000.00 gifts to 2 nieces and a nephew.
In 2000, he had a farm auction sale and sold all of his farm machinery and equipment. ( I am aware that, they cannot claim anything for the willed land and farm machinery, because he sold it, and deposited the money into his bank account)
His will dated Nov. 1983, states that he wills the land and machinery to 3 sisters and a nephew, and gifts of $10,000 to 2 nieces and a nephew.
The will continues to say," I Give, Devise and Bequeath the rest and residue unto my sisters, for their own use and benifit absolutely, in equal shares, to be shared and shared alike amongst them"
The" rest and residue", would be what was left in the estate that was not specifically willed to anyone or other benificiaries, but to the sisters only.
Does this" residuary clause" mean that the rest and residue to be divided between the living sisters only? This estate is to be divided between the 2 living sisters and the deceased sisters children. Two of the executrices are the nieces of a deceased sister,who passed away 1955.
The executrices tried to claim the funds from the sale of the house,quonset;bins and farm machinery by sending out consent orders to all benificiaries to sign and return. These consent orders stated that the executrices were entitled to the funds from this sale. Is this legal?
Some of the estate was dispersed in December, 2014. Currently, $509,000. is still being held back.
Please advise, thanking you in advance.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What do you mean when you say consent orders exactly?

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