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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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My wife’s grandmother got pregnant in Norway and gave birth

Customer Question

My wife’s grandmother got pregnant in Norway and gave birth to her father in 1921. Her Grandfather abandoned her Grandmother and married another in 1923 and emigrated to British Colombia in Canada in 1925 where he lived until he died in Kamlops, British Columbia, Canada in 1962. My wife as a member of and got a DNA match for her cousin in Wisconsin USA. Her cousin keeps track of her family records and verified my wife’s Grandfather was the same person we have suspected. Now we wonder which laws apply to inheritance so long after her father father's death. We know he had children with the woman he married after my wife's father was born. Is it obsolete? Or could my wife demand anything?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear of this difficult situation. I just want to make sure I understand your question.

Are you asking about whether your spouse can seek an inheritance from her grandfather who died in BC in 1962?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.
Unfortunately, your spouse cannot make any claim to the estate as it too late to sue the estate as it is many decades too late to sue the estate in BC.But leaving aside the limitation period your spouse would still not likely have a claim and this is why. If the grandfather had a will then the grandfather's estate would be given out in accordance with the will. There is no law that requires a grandfather to leave money to a grandchild.If the grandfather died without a will and if there were assets in his name alone those assets would be shared with any living spouse and any living children.It would be only in the case where the grandfather died without a will and your spouse's father pre-deceased the grandfather that your spends would have had a share.In that case the father's share would go to the children of the father and then your spouse would have had a claim that way.Do you understand my explanation of the law?Please feel free to post back with any follow-up questions that you might have. If you do not have any follow-up questions I hope that you feel that my service deserves a five star rating. If you do not then please do not hesitate to post back and let me know how I can better assist you. Finally, please know that even after you rate me I will be here for you and you can continue to ask follow-up questions at no further charge.
Expert:  Debra replied 1 year ago.

Is there anything else I can help you with?