Hi My mother in law left a will and my husband has asked his brother for it he refuse to give us a copy what can we do to obtain it. when alive my mother in law did say she is going to give the house to both of her sons. please advise what we can do. thanks Perm
2 Answers from Attorneys
please try to get a certified copy from the Registrar, if it is a registered will. If not you may have to approach court.
Your mother in law is going to have closer feelings towards the son who took care of her during her time of need. Even though she said verbally that she is going to give the house to both the sons, what she has actually documented is important. Even if your brother-in-law is the custodian of your mother-in-law's Will, he will need to obtain a Probate on the Will from the Court, to transfer the title of the property in his name. Prior to issuing the Probate, the Court issues summons to all the legal heirs to remain present in the Court, at which time your husband can challenge the Will in the Court.
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