Some body passed away and intend to distribute her estate…

You can tell the lawyer that you are not longer confident that your interests will be protected if you are not an executor. You can say that you have been provided with legal information about estate law and were told that there most assuredly can be more than two executors.

You can say that you are withdrawing your renounciation and if necessary will proceed to court.

I don't know the law abroad and so I cannot provide information about that.

Does that help?

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.

In Ontario you can have three executors.

Your renounced because a lawyer told you that there can only be two. You found out that this is not true. So you are not longer willing to renounce.

It is that simple.

You can go to court and tell the court you were mislead and that is why you renounced and you are no longer willing to renounce.

In contract law a contract is set aside when there is misrepresentation.

The executors are bound by the provisions of the Will and their fiduciary duties they owe the testator and the beneficiaries. They cannot alter anything but must strictly follow what the Will says.

There can be as many as you like. There is no limit.

This is what I suggest.

I suggest you consult with an estate lawyer that does litigation face to face. And you can enter into an agreement with that lawyer that is called a limited retainer agreement. You would pay the lawyer to do some of the work. So the lawyer could draft the legal documents and could coach you in terms of what to do in Court but then you would go on your own. That would cost a fraction of what it would cost to have a lawyer do all the work and attend court.

The site doesn't permit me to make specific referrals.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Lawyers charge by the house (aside from criminal lawyers who will charge per day or half day in court).

Lawyers fees range fro $300 - $900 or more an hour.

There is hours and hours of prep time, there could be phone calls, meetings, settlement conferences. It could be exceedingly expensive.

That is why I am suggesting paying a lawyer for some guidance only.

Here's the link to their website:

It is possible that a lawyer would take this on a contingency fee basis. Others would agree to pay slowly over time.

For the limited retainer you would still pay the hourly rate (and you may have to speak to a few lawyers until you find one you like who isn't that expensive) but the hours would not be that great.

The Court would not ignore the Will but the son could make a claim to the estate and make the argument that the estate owes the son money because of this agreement.

The rating did not go through. Please try again.

If you need me some more I will answer in the morning as it is late and I have to go to bed.

Have a good night.

I still don't see the rating.

Please go to the top of the page and click the 5 stars.

Thanks

I don't know what the problem with the stars are. I think just try to click and see what happens.

What you heard about the estate tax is not correct.

There are the same probate fees whether there is a Will or not.

The stars went through.

A verbal Will has not legal relevance but an agreement about compensating you for her care does.

But I don't know the law outside of Canada.

So my answers about your not wanting to renounce and what to do apply to the law in Canada only.

I did answer last night at 9:57 pm.

I said:

But I don't know the law outside of Canada.

So my answers about your not wanting to renounce and what to do apply to the law in Canada only.

The renunciation in Canada should not apply as you signed because you were materially mis-represented.

You are no longer willing to renounce now that you now you did not have to do so.

If you did not or do not want to renounce in Canada you don't have to do so even if you are renouncing for the other jurisdiction.

You need a lawyer if this lawyer will not listen to you.

You can say that the lawyer will be liable for any consequences should you be harmed.

You are very welcome.

I sincerely ***** ***** works out and does so easily.

He will read the letter but he may not answer and then you will need your own lawyer unfortunately.

I don't know what you mean. I answered you an hour ago.

I am not sure what is going on with this post.

Is more than one person using this post?

I had a conversation going up and back and then a short while later someone told me I hadn't answered a question in two days.

Please explain what is going on.

Thanks

THIS IS THE POST FROM YESTERDAY AND AT THE BOTTOM YOU WILL SEE THAT WE WENT UP AND BACK AND SEVERAL TIMES AND THEN LESS THAN AN HOUR LATER YOU TOLD ME YOU'VE BEEN WAITING TWO DAYS WHEN IT WAS LESS THAN AN HOUR SINCE OUR CONVERSATION ONLINE

Me

But I don't know the law outside of Canada.

So my answers about your not wanting to renounce and what to do apply to the law in Canada only.

18 Jul 2017, 9:57 PM

Customer

Dear *****,

Are you there? You said I can still contact you after rating.I have question i left out before.. It is important I can get answer

19 Jul 2017, 5:22 AM

Me

I did answer last night at 9:57 pm.

I said:

But I don't know the law outside of Canada.

So my answers about your not wanting to renounce and what to do apply to the law in Canada only.

19 Jul 2017, 11:45 AM

Customer

May be I did not make myself clear enough. I am still dealing with Canadian law.
My renunciation is valid if the probate is used in Canada (Canadian estate). The renunciation should not be valid if the probate is used not only in Canada but also extended to overseas.( estate is larger, both Canadian and oversea estate, the estate size is not the same).) The renunciation is not he same.The trick is they are trying to fool me the same renunciation can be applied to oversea. I have just proved the renunciation is not the same. The renunciation of the former therefore (simply adding whichever it can be applied) does not hold for the later If lawyer adds similar clause or phrase in new probate. The former renunciation should not hold. Am I correct?.I can argue this way to win.

19 Jul 2017, 4:21 PM

Me

The renunciation in Canada should not apply as you signed because you were materially mis-represented.

You are no longer willing to renounce now that you now you did not have to do so.

If you did not or do not want to renounce in Canada you don't have to do so even if you are renouncing for the other jurisdiction.

19 Jul 2017, 4:24 PM

Customer

Thank you very much, I know if i can not make you understand , I can not make others to understand.Our lawyer
should know the former renunciation is no longer valid . he should notify me to sign the new renunciation rather than going straight to new worldwide probate. Either he overlooked this problem or he fool me intentionally. I think I just to give him a letter explain the difference to stop them going further. Do you think my letter is sufficient to do the job. Do. I still need to find a layer? My argument is strong and clear.

19 Jul 2017, 4:46 PM

Me

You need a lawyer if this lawyer will not listen to you.

19 Jul 2017, 4:57 PM

Customer

I should also advise the lawyer the new probate is not valid without my renunciation or myself as the executor. I thereby stopping them from using documents abroad. If he insisted to do so, he will be legally responsible. for whatever the consequence. (How should I add the last clause or how to make it look nice.)

19 Jul 2017, 5:10 PM

Me

You can say that the lawyer will be liable for any consequences should you be harmed.

19 Jul 2017, 5:12 PM

Customer

Thank you again, you are my guardian angel

19 Jul 2017, 5:14 PM

Me

You are very welcome.

I sincerely ***** ***** works out and does so easily.

19 Jul 2017, 5:19 PM

Customer

I do not know lawyer would read letter from me or not. Any way my letter is strong and clear.It should have the same weight as any lawyer.only if he reads my letter.Do lawyers read client's letter? Or should I send him a registered mail.. I waited hours to see him but he only allowed me to speak one sentence.
.

19 Jul 2017, 5:38 PM

Me

He will read the letter but he may not answer and then you will need your own lawyer unfortunately.

19 Jul 2017, 5:39 PM

Customer

HI Debra, It has been two days now since the last time I contact you . As you promised me I can still contact you for further question that I had left out. I am anxiously waiting for your reply. Thank you

19 Jul 2017, 6:41 PM

Me

I don't know what you mean. I answered you an hour ago.

19 Jul 2017, 6:49 PM

Customer

A probate without all beneficiaries is incomplete. Correct? I have not signed anything since the first renunciation. A change of the content of the probate, executors or renunciation should render the first renunciation invalid, am I correct.? You spend extra time in typing, I should give you a red packet when this is over.
By the way, how much do you charge for writing this kind of legal of letter for me?

19 Jul 2017, 10:48 PM

Me

I am not sure what is going on with this post.

Is more than one person using this post?

I had a conversation going up and back and then a short while later someone told me I hadn't answered a question in two days.

Please explain what is going on.

Thanks

19 Jul 2017, 10:53 PM

Customer

I am the only person using this post. I typed in dialogue box, I don"t see any reply. Then I wrote a email to you. I did not see any reply from you since (since 18th July 201706,00) Therefore I wrote to you 19th JULY 201702.00 Beginning with " Are you there ? .I was afraid I have important question left untouched.I also contacted customer support , I was told I probably would have to wait for hours before I can get my reply. Without the answer for the second part, my job is not finished.. Judge from the dialogue box, it was probably not two days might be just a day. I had the impression, I didn't have any response, therefore I asked, are you there? I should have written something in between this interval..
Brother OC and LB is covering the fact they want document to work overseas,there is a need for LB to give up renunciation.Both OC and LB was hiding there is an addition of overseas that probate will apply.The lawyer should know the previous renunciation no longer apply in new case.. He should ask me to sign up a new renunciation in stead of asking me to speak to my sister.This implies I need their approve. He is dealing with old probate. If this is a new probate I don"t need their approval.
I speak to my brothers and sister first, if he ignores me again then I will serve him a lawyer's letter.

YES, IF THEY DON'T RESPOND TO YOUR LETTER HAVE A LAWYER DO THE LETTER.

GOOD NIGHT

I cannot write a letter for you. I've done all I can.

If you want a lawyer to write a letter you have to retain a lawyer of your own.

You cannot write a letter to the court. That is not how the legal system works. You have to sue.

It is time to retain a lawyer in my view.

I am not able to act for you. I cannot accept the offer. My law society doesn't allow it even though the site offers it.

It will take a few weeks or even a month or two get the certificate.

I am suggesting paying a lawyer to do a letter and then to guide you through the legal process. Perhaps the lawyer does the documents, prepares you for court but then you go to court on your own.

It usually takes a few weeks.

It depends on the facts but you usually have two years but sometimes it is six months. And you cannot wait because then there may be no assets left.

If you wait until the assets are distributed then there will not be any point to sue.

I am going off line now as I have a wedding to attend shortly.

I hope things work out.

Take good care.