Legal Question in Wills and Trusts in Canada

As an only daughter am I entitled

When my father passed away my stepmother and him were not living together, i found she is the benifactor to all his policies, my biological mother has passed and i am an only child, am i entitled to anything that my father left, life insurance, private pension even though i am not a named benifactor, and he left no will.


Asked on 4/10/04, 12:09 pm

1 Answer from Attorneys

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

Re: As an only daughter am I entitled

When a person dies without a will their next of kin take the estate by the rules of the statute governing distribution. The issue here seems to be whether or not there is an estate. If the stepmother was the designated beneficiiary of your fathers property you need to determine if there is any property that is in the estate--anything where she does not have a legal interest. Whatever your Dad owned as at the date of his death that did not have a valid beneficiary is part of his estate and you may have a right to share in it---depending on the value and the priority rights of the spouse.

I recommend that you obtain a legal opinion.

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Answered on 4/12/04, 6:58 pm


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