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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101416
Experience:  Lawyer
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If a will was not signed before death, and the executor is

Customer Question

if a will was not signed before death, and the executor is not being forthcoming with any information, just to say you inherit nothing, any recourse?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry for your loss.

Is the potential executor saying there is another Will?

Who is the executor? A common law spouse? Another sibling?

Customer: replied 1 year ago.
no she was unmarried and no other children. she lived alone. her parents will inherit all now. however the law firm who are looking after this just told me they have no idea of any of this, and that yes the will was sent back from courthouse requiring more documentation. it is the executor who now says I get nothing. nothing legal has been forwarded to me
Customer: replied 1 year ago.
the executor is a friend
Expert:  Debra replied 1 year ago.

The law is not that way at all.

Where there is no Will and you are the birth child of this woman and there is no spouse and no other children you inherit the full estate unless you were adopted by another mother.

Is that what happened?

If the Will was not signed then sometimes a Court finds it to be invalid and then a former Will applies. If there is no Will then I explained what happens above. If you were adopted then you would not inherit and the parents would.

But often a court will still find the Will to be valid if that is the best evidence of the testator's intentions. So the lawyer who drafted that Will will have to help and may have to testify in Court.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
I was adopted. and yes there is an affidavit from the original lawyer whom drafted the will. What I am asking is, why am I not notified in legal ways from a lawyer regarding this. How could the lawyers dealing with the estate no nothing of the will being deemed intestate? they were very surprised to hear that , as they have not been informed by the courts, just that more documents are needed. I think the executor is playing games. FYI on the will it clearing states that I am her daughter, and she names me as such.
Expert:  Debra replied 1 year ago.

But from a legal point of view you are not her legal daughter. You adoptive mother is. So if your adoptive mother dies with out a Will you inherit.

I suggest that you retain you own lawyer at once and have that lawyer check the court file to find out just what happened and to represent you if necessary.

Customer: replied 1 year ago.
I get all that, what I am asking is, do I have any legal recourse, if, as it seems, the executor is not sharing any information with every one listed on the will (15 people) everyone is shut out now, however the animosity seems to be with me only. the deceased had a house- which has been empty for a year, assets sitting in back, nothing done with investments, absolutely nothing ahs been done, and again, yes there is an affidavit from the lawyer who drafted the will. forget the adoption part, I know the legalists of adoption as I AM adopted!!! she left me money period. named me specifically in the will
Customer: replied 1 year ago.
is it woth it for me to even gat a lawyer as I have no money for even a consultation? that is why I came here
Expert:  Debra replied 1 year ago.

Yes you do have recourse. That is why I said you need your own lawyer to do review the court file to find out exactly what went on in court and to take steps, if necessary to try and get the court to accept that Will.

The executor is likely not wanting to get involved because if the Will is not valid then that executor has no role or rights at all.

Yes I know she left you money in that Will but you won't get it unless the court says this is a valid Will and so you need someone to fight for you. Perhaps there are other beneficiaries who will help pay for a lawyer with you?

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?