Legal Question in Wills and Trusts in Canada
A friend's will
A friend who lives in Montreal died on Easter of cancer. I live in Utah. Before she died she asked me if she could leave me in her will and I said I would not go against her dying wish. After her death I had an internet chat with her sister who was very amicable to me. She told me the will was to read on April 13th and that she or the lawyers would contact me. I have not heard from her or any lawyers. I expected to here from her to talk about many things besides the will and her silence has been profound.
What are my rights in regards to finding out if I was placed in the will? Can the lawyers conceal my inheritance if they side with her sister or father if they contest the will? What should my next move be and what would decourm dictate when I should make that move?
I appreciate you time and consideration on this matter.
--name removed--Caines
1 Answer from Attorneys
Re: A friend's will
I am not familiar with Canadian law, however, in general the attorney that reads the will is the attorney for the estate of the deceased and the personal representative, and does not represent any heir (although the personal representative may also be an heir). It is their duty to dispose of the property according to the terms of the will. In Utah a will is placed into probate so that a court oversees the distribution of the estate assets to creditors and heirs. I do not know if Canada follows a similar procedure. At this point try to get back in touch with the sister and see what you can find out. Otherwise you can investigate through the Canadian courts to see if probate has been opened. Probate would be opened most likely in the jurisdiction where the lady lived at the time of her death or where her real property is/was located.
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