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We have a will in probabte and I am moving forward with

Thanks, ***** ***** a...

Thanks, ***** ***** a will in probabte and I am moving forward with contesting the will how long do I have or after it is finished probabte can I still contest the will

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Sorry Ontario Canada,

Lawyer's Assistant: What documents or supporting evidence do you have?

We have a will that is giving all the monies, real estate and holding to one brother even though there are two brothers my father is the executor and trustee getting nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sure

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Answered in 56 minutes by:
10/23/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,496
Experience: Lawyer
Verified

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.

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I am sorry for your loss and for this difficult situation.

When did the person die?

And what is the basis for contesting the Will?

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Customer reply replied 8 months ago
The person died April 27th 2017 I would like to know how to contest the will thank you

Contesting a Will is very complex, very time-consuming and very, very expensive. If you win the Will would be set aside and the last Will would be considered valid. If you lose you will likely have to pay the estate's legal costs.

It is very difficult to contest a Will. You need strong evidence of lack of testamentary capacity or undue influence. You would need to provide evidence of your allegations. This can be through documents or witnesses.

What you are doing is suing the estate so you have to draft proper pleadings, provide documentary disclosure, conduct and be subject to cross examinations under oath. You will have to attend settlement conferences and trial management conferences and if this doesn't settle you will have to conduct a full trial.

So to be sure you are not stuck with the estate's legal fees you really should be consulting with an estate lawyer face to face before considering going ahead and the likelihood of your succeeding without retaining your own lawyer in a case like this is very, very low.

I know this is not what you wanted to hear but even though you are not my client I don't want to see you further harmed.

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.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,496
Experience: Lawyer
Verified
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