Legal Question in Wills and Trusts in Canada

can i contest

Recently my dad passed away.My mom has been gone for 3 years .There was only me and my brother .My brother lived off them his entire life where as i have never reseved a thing from them .My dad was supposed to have a will at another location 'now all of a sudden it has dissapeared . The people said he took it with him when it was signed.Misteriously it vanished along with my moms and my brother says he has everything now .Since no will is found can i contest his actions.


Asked on 6/22/03, 11:01 am

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: can i contest

Yes. In Canada where there is no will found or where the will is for some reason invalid each province has an Act which distributes the property of the deceased person between or among the surviving relatives. In your case you have the right to apply to the Court to be appointed the Administrator of the estate and on the face of it you are entitled to receive half of whatever your Father owned when he died. It is also possible to claim property which is in another person's name (your brother's ? ) depending on the relevant facts of the matter, You should see a lawyer who is accomplished in estate litigation immediately. The longer you wait the less your chances of recovery usually are as things have a tendency to disappear or be otherwise unrecoverable..

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Answered on 6/22/03, 12:11 pm


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