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Sunday, January 6, 2019

Remember to post only on threads with fewer than 200 comments

It's time to remind readers that I welcome your questions and comments, but this platform only supports 200 comments per post. I guess they didn't expect us to have so much to say about wills and estates! In any event, if you post on a thread that already has 200 or more comments, I can't see the comment, or I can only see a line or two of it and it doesn't show up on the blog. This means I can't answer it in the usual way. When I see that a post is at its limit, I put on this notice, in red:

PLEASE NOTE: The maximum number of comments this system will allow is 200, and this post now has more than 200 comments. IF YOU POST ON THIS THREAD, I WILL NOT BE ABLE TO SEE OR RESPOND TO YOUR COMMENT. Please feel free to ask your question on any thread with less than 200 posts.

So if you see that, please go to any other thread and post your question or comment.

Occasionally I receive notes from very frustrated people asking why I haven't answered their question, and often (not always) this is the reason why.


  1. Hello from New Brunswick. My parents were married for 22 yrs before they separated. They had a separation agreement. The house was paid at that time and my father mortgaged the house as part of the agreement. The house is in his name only and he made the payments. I'm their only child. Two years later, his current widow moved in with him and they were married 6 years ago. In total, they lived together 28 years in the home. He was the major financial contributor throughout the years.

    She has 4 children from a previous marriage and the 2 youngest lived in the home for approx. 5-6 years prior to them moving on their own. No one was ever adopted.

    My father was hospitalized 5 times (Jan-June 2018) and sadly, passed away last year.

    In Feb. 2018, they made a will in which she would inherit everything and upon her death, everything was to be divided between her children and I in equal parts. This was contrary to what my father always told me. He was to give me a percentage of the house and she would get the majority plus the residue of his estate.

    Since there was some medication tampering and other issues at hand on her part, in July 2018, he appointed me in his POA and did another Will which revoked the previous one. My husband is the executor. This was done without his wife's knowledge as he didn't want to argue. He gave me 40% of the market value of the house and she gets everything else. The solicitor who drafted both documents has 35 yrs of experience and has a very good reputation.

    I didn't agree with having this done in such a manner but I understood why and kept my promise.

    Of course and I don't blame her, she was upset and decided to hire a lawyer. I was accused of manipulating him and she tried to make him look mentally incompetent. I was able to prove the opposite with doctor's letter and medical records. This matter is not yet resolved through the court system.

    Her intention is, even if the last Will is deemed valid and that is is shown that my father's was mentally competent, to contest it.

    Her lawyer has filed a caveat and there's something going on with Probate Court to be dealt with before it returns to Family Court.

    Can you give me some insights please? This is very stressful as she wants 100% and I'm afraid that I will not inherit anything from my father.

    1. There's a lot going on here, so I'm not sure exactly which bit of it you want insights about. You should probably set up a consultation, either on the phone with me (709-221-5511) or with a lawyer close to you that has estate law experience. It sounds as though she is fully prepared for battle and a couple of lines on a blog is not enough to help you.

      It seems that the immediate question is about the caveat. She filed that so if you file the will for probate, it cannot go ahead until her issue is heard in court. This doesn't stop you from filing, and in fact it's an efficient way to start the lawsuit that's coming no matter what you do.

      If you want to, find a copy of my book called "Contesting a will without a lawyer", which has a chapter about caveats and how to deal with them.



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