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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101445
Experience:  Lawyer
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My wife's mother died in 1988 and her father remarried, the

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My wife's mother died in 1988 and her father remarried, the condition from the new wife for the marriage to take place was that the property was willed to the new wife so that she would not become homeless in the event of my wife's father dying first.
A valid will was created which disinherited all of my wife's sisters and brother. Her father died in 1996, the new wife has died sometime in the last three years and the whole of the property and jewelery etc has been inherited by the new wife's family.
We were not contacted or informed of the passing but found out by going to the old house to discover why the cards were being returned unopened.
Can we contest the will of my wife's father or the will of his new wife?
I hope you are able to provide a view on this matter to enable the family to move on.
Thank you.
David Burn

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear this.

When the father drafted his Will was he mentally competent?

When did he die?

Did you see the Will?

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

Customer: replied 1 month ago.
Sorry that I did not answer sooner have been working away for a few days.
My wife's father died in 1996, He was mentally competent at the time and died of a burst aortic aneurysm.
My wife's brother asked for a copy of the will and showed my wife when we were in Canada in 1996.
It did appear to transfer the house to his new wife in the event of his first death.

If the father was mentally competent he was free to disinherit his kids. If she unduly pressured him then it may have been possible to have the Will set aside. But that is terribly difficult to prove and it is of course decades too late now.

In terms of the wife's Will, if she was given the assets they were hers to do what she wanted with and so she did not have any obligation to her step-children. Had the father wanted the children to get the house after the Wife's death he could have given her a life interest in the house with the house then going to the kids but he chose not do.

So at this point, there is honestly nothing anyone can do aside from putting this behind them and moving on.

Does that help clarify the law?

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 month ago.
I was just writing this note when you replied.
there was nothing in the will that said or inferred that the house would be inherited by the children on the death of his new wife.Thank you for your reply and I am afraid I will have to talk to my wife to tell her what I already thought would be the answer.
Thank you again for the quick response to my update.
Regards
David

But at least she can now know that she can just accept this and move on. If I were her that would help me.

Debra and other Canada Law Specialists are ready to help you

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