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Legal Question

Asked on: 8/18/05, 9:01 am

Law Applcable to the Estates of Deceased Persons

My son went to Canada on permanent resident visa in May,2001. He got married in India in Oct.2002. His wife got permanent resident visa and joined him in March,2003. In Nov.2003 they bought a house in Canada in joint name and funds were provided by my son and they borrowed loan from bank which was secured by a life insurance policy of both of them. On 2nd Jan.2004 they died in a car accident in Canada. They had no child. Loan on the house was paid by insurance company to bank. Their estate consist of bank accounts, insurance claims and house all in Canada. They had indian passports and were indian citizens holding permanent resident visas of Canada at the time of their death. I am advised by my lawyer that as per article 3 of ''Convention on the Law Applicable to Succession to the Estates of deceased Persons (Done at The Hague on August 1st,1989.)'' law of India will apply,in view of the fact that they were Indian nationals at the time of death and had stayed less than 5 years in Canada. Canadian Lawyer managing the estate does not agree and insist that law of Canada will apply as they were more closely connected with Canada as they were employed in Ontario and purchased a house there. Please advise the correct position of law.

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