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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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Will/Estate Restitution claim question. My deceased finance

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Will/Estate Restitution claim question. My deceased finance left a homemade, witnessed will leaving me a piece of property and money out of his estate. His estranged sister of 10 years has contested. She wants it all. We never lived together. I encouraged him to make both his sister as well as I co-executors. She has gone through all his financial binders and wants to make claim against me for money she says I owe my finance. We had all kinds of financial dealings together. When added all up, she in fact owes me $31,000.00. She claims I owe the estate $27,000.00. My finace died with cancer. I was his caregiver for the last two years of his life as well. Him and I solely worked on his property preparing it for a building after we wed. His sister had nothing to do with him for the past 10 years. Her lawyer is saying I will lose should this go to small claims crt., so if I'm willing to give them a cheque in the amount of $35,000.00 they will quit the fight. My only dilemma is that the witnesses on the home made will backed out and said they were not present in the presence of my fiance and would say as such if I didn't give them $10,000.00. I called that extortion and blackmail. It is strange however, that originally the sisters lawyer spoke with both witnesses and found them credible in my defense. The tables have turned thanks to the crooks I had obtained to be the witnesses. My question is: if this goes to court is it evident I will loose? If I have receipts and info. to show I spent $31,000.00 to help out my fiance, what do you think will be the outcome if she has a financial claim against me. Her lawyer has indicated they will lay additional claim for pain and suffering. The sister feels I should compensate her for financial hardship for going to court as well should need be. She would not have to have gone this far financial if the will was not valid after the witnesses backed out. I'm caught between a rock and a hard place as i feel that the witness should be accountable for starting this in the first place. I would appreciate a bit of your advise. Thank You
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province are you in and was the Will written by hand?

Are you saying that they witnesses to the Will never swore any statement at the time they witnessed the signature as is most often done, at least when lawyers do the Wills?

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