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I am contacting you from the UK - I have an issue with a…

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I am contacting you...

I am contacting you from the UK - I have an issue with a Will from my late uncle in Toronto, and now find my brother who lives there is now the only beneficiary and myself and 3 sisters have been taken out of the Will. My uncles lawyer will not let me see copies of all wills and I did think that was acceptable as are we not persons of standing? My uncle had no children and had his nephews and nieces as beneficiaries previously.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

My Uncle lived in Toronto

Lawyer's Assistant: Has anything been filed or reported?

In what respect?

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

Not as yet

Submitted: 3 months ago.Category: Canada Law
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Answered in 3 hours by:
3/7/2018
Lawyer: Debra, Lawyer replied 3 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,118
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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Lawyer: Debra, Lawyer replied 3 months ago

I am sorry to hear this.

Do you know if your uncle had assets in his name alone?

Why do you think there is more than one Will?

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Customer reply replied 3 months ago
I know he left his 1.7 million dollar condo outside the will to my brother, and his retirement fund to my ex brother in law, also outside the will. He also had funds in various schemes. I'm not saying there is more than one will, I was under the impression that we could view all previous wills to determine when changes to beneficiaries were made, I do believe undue influence is a big factor here.
Customer reply replied 3 months ago
I can provide much more detail once I finish work.
Lawyer: Debra, Lawyer replied 3 months ago

You are not correct and in fact all other Wills would have been destroyed.

The only Will you can see is the last Will and Testament and that would only be the case if it is probated. If it is probated and it has to be if there are assets in your uncle's name alone then anyone can get a copy from the courthouse so you can contact the local courthouse and explain you live in the UK and need a copy of what is in the court file or if you know someone in Toronto they can go over to the courthouse for you.

Undue influence is very hard to prove but if you can prove it the Will would be set aside and if there was another Will found that would be used.

You will have to show the court that your brother by living in Toronto unduly influenced him. But your brother may show that he was in a close relationship with his uncle, perhaps took care of him etc.

And you would also have to prove that this happened with the condo as well so that again you would have to prove your uncle was unduly influenced and transferred the condo.

If you are certain you can prove this then your next step would be to retain an estate litigation lawyer in Toronto.

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.

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Lawyer: Debra, Lawyer replied 3 months ago

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

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Customer reply replied 3 months ago
please, what would be acceptable evidence for undue influence; could it be statement from those who Bill had spoken to regarding what he would like to happen to his estate; previous statements from my Uncle about who would get what when he passed, said to my youngest sister who was previously an executor until she divorced my ex brother in law.
Lawyer: Debra, Lawyer replied 3 months ago

That doesn't prove undue influence completely but it does help. But sometimes people don't tell the truth about what they are doing with their estate and sometimes things just change or your brother may be able to show that over the last few years of your uncle's life he took care of him etc.

It really depends on the facts and it is a very hard lawsuit to win unfortunately.

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Lawyer: Debra, Lawyer replied 3 months ago

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

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