Legal Question in Wills and Trusts in Canada

Sue for Inheritance

Is it possible for childrencto sue their parents for their inheritance while the parents are still living?


Asked on 5/05/06, 10:06 pm

1 Answer from Attorneys

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

Re: Sue for Inheritance

The word " inheritance" usually means something you receive by gift when a person dies, either by will or by statutory distribution in the absence of a completely binding will. However, there might be an instance where a beneficiary can sue and that is when the people who owned the property ( parents or anyone else) have transfered property into a trust and the person suing is a present beneficiary of the trust and the trustees have breached the terms of the trust. Otherwise, unless you are a dependant , as defined by law, you have no claim to your parents' property( at least in Alberta) and you cannot sue for something you have no right to.

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Answered on 5/05/06, 11:20 pm


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