tag:blogger.com,1999:blog-436024129575354145.post8099379932929455428..comments2024-03-18T14:03:25.594-07:00Comments on Estate Law Canada: Can I leave my child out of my Will?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger72125tag:blogger.com,1999:blog-436024129575354145.post-11810490473098830122021-08-20T19:58:50.211-07:002021-08-20T19:58:50.211-07:00Hi J,
No, I would say not, unless your FIL lives i...Hi J,<br />No, I would say not, unless your FIL lives in BC. A parent is allowed to disinherit a child from whom he is estranged. The reasons for the estrangement are not always relevant. In this case, it sounds as if your husband was okay with being estranged from his father. <br /><br />There is no kind way to say this. There is no connection between what your FIL did and how he distributes hisLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11475693751789465212021-08-19T14:27:26.737-07:002021-08-19T14:27:26.737-07:00Hi Lynn,
My husband & I recently learned that ...Hi Lynn,<br />My husband & I recently learned that his father molested our daughter when she was a child (she is now 24). We have an ongoing case with the police & believe he will be at least deemed a sex offender as he has already confessed to his actions. My question may sound cold but I think is important, we know that his Will had left equal shares of his Estate to his three children;Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-25887657608433777862021-05-28T08:31:05.260-07:002021-05-28T08:31:05.260-07:00Hi Lynn... I was previously the main executor and ...Hi Lynn... I was previously the main executor and recipient in the will that my father and mother prepared. Then my mother passed away in 2015 and my siblings influenced our dad and so he actually contested what they had prepared in their Will so we began a three years of legal battle. My siblings on the other hand were not mentioned in the previous will so it seems this how things started by Iranhttps://www.blogger.com/profile/05325912442798130516noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-5137375971189586222021-03-21T21:16:23.824-07:002021-03-21T21:16:23.824-07:00Hi Lynne, mine is a very complicated and hard to b...Hi Lynne, mine is a very complicated and hard to believe case. You know how they sat truth is stranger than fiction? Or you just can't make this shit up? Well that is my problem. <br />Where to start..ok my "mother" is my only living parent. I am fairly positive she will leave me nothing as we do not get along and haven't spoken for over 17 years, except for a brief period whenAnonymoushttps://www.blogger.com/profile/17489386047738068151noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-59261500318702713542021-03-21T14:10:01.216-07:002021-03-21T14:10:01.216-07:00Hi there . I am messaging you as the oldest son . ...Hi there . I am messaging you as the oldest son . My mother and brother have been doing real a state buisness together for year and have left me out . I have no idea how much money or assets my mother and brother . My mother is in her early 70's . When she passes I believe my brother will be left with everything . Is there anything legal I can do about this Situation ?John Jugovichttp://www.angelfire.com/bc2/johnjugovicnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-12056462105362094832020-12-12T18:18:32.326-08:002020-12-12T18:18:32.326-08:00If he's good at hiding assets, I have a better...If he's good at hiding assets, I have a better idea. Why not insist that he take out a life insurance policy for the benefit of your son? This has been done and upheld in marriage breakdown agreements for many years. That way, you don't have to worry about him making sure his "estate" is nothing. <br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11401063492097811792020-12-08T14:37:18.677-08:002020-12-08T14:37:18.677-08:00Hello, I am the mother of an adult child with a di...Hello, I am the mother of an adult child with a disability. In all honesty my son will probably not be able to withdraw from my care and will require support for the reminder of his life and will not be financially independent. My soon to be ex has not provided any financial support nor has he any financial plan in place for my son as he ages. My ex is living in a common law relationship and Anonymoushttps://www.blogger.com/profile/00699665606679929836noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-71814241855923846822020-12-03T20:51:01.254-08:002020-12-03T20:51:01.254-08:00Hi Lynn
I'm writing this for my 90 year old mo...Hi Lynn<br />I'm writing this for my 90 year old mother. She wants to change her will and leave everything to me. Her bank accounts are already in joint with me and the only thing else she has is her house. I have one older brother and one older sister whom she wants to leave a small amount to each of them 1000 dollars. Over the last 5 to 10 years neither of them have been around to helpAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-47543092734380238252020-11-23T09:39:14.287-08:002020-11-23T09:39:14.287-08:00Hi Auz,
Nothing you've told me suggests you ha...Hi Auz,<br />Nothing you've told me suggests you have a right to contest the split with your children. Your mother had the right to distribute her estate as she saw fit. She must have felt that including your children in the distribution was the best use of her estate. Perhaps she was worried about your share going to your spouse on your death, or that you might be a spendthrift and leave Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-50864453846340863362020-11-18T12:59:49.043-08:002020-11-18T12:59:49.043-08:00Hi; my mother recently passed away. Myself and 4 o...Hi; my mother recently passed away. Myself and 4 other siblings are left. Her will states that what is left is spilt 20% each between all 5 of us.except she put the stipulation in the will that my 20% gets spilt once more between myself and my 3 children, leaving me with 5%... do I have a right to contest this?Auzhttps://www.blogger.com/profile/10699035953120655098noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-34506645391021543082020-11-12T13:25:32.652-08:002020-11-12T13:25:32.652-08:00Sorry, Denise, I forgot to answer the question abo...Sorry, Denise, I forgot to answer the question about the body. If your mother makes a will that names an executor, he or she is responsible for the body. If that is not the case, you are the next of kin and have the right to dispose of the body as you see fit. However, you cannot be forced to deal with this is you do not wish to.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-44496407152645829622020-11-12T13:23:58.286-08:002020-11-12T13:23:58.286-08:00Hi Denise,
You are not automatically responsible f...Hi Denise,<br />You are not automatically responsible for her debts. If you have any joint debts with her, then obviously you would, but that seems unlikely in the circumstances. <br /><br />If you inherit her estate, any debts are supposed to be paid by the executor first. If you receive the estate but the debts are not paid, you could end up being responsible for them, depending on the Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19126004258379201342020-11-09T22:04:55.090-08:002020-11-09T22:04:55.090-08:00Hello, my mother has cut me out of her life for re...Hello, my mother has cut me out of her life for religious reasons. As her only child, am I responsible for her debt when she passes? Am I liable? And what about the body, will that be my responsibility?<br />Thank you<br />Denise in BCAnonymoushttps://www.blogger.com/profile/08506171974530887998noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-36272886548878170412020-10-01T18:48:12.473-07:002020-10-01T18:48:12.473-07:00Hello Lynne,
I was adopted when I was four, and m...Hello Lynne,<br /><br />I was adopted when I was four, and my parents never modified their will after I arrived, only naming their 3 biological daughters. Does this mean that I am excluded? I am from Quebec, but the will was signed in Ontario. ThanksAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-74669286229710209272020-08-13T18:17:51.532-07:002020-08-13T18:17:51.532-07:00Hi Jessel,
The kind of application she is bringing...Hi Jessel,<br />The kind of application she is bringing, I expect, will be what we call a "dependent's relief" type of application. In other words, she would make the argument that the sons have not been adequately looked after by the will.<br /><br />The amount paid to the wife in the past may not, on its own, be enough to defeat the application. For one thing, the money may have Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-37465820607604815162020-08-11T01:12:40.555-07:002020-08-11T01:12:40.555-07:00Hi lynne,
My late husband has a will I’m ...Hi lynne,<br /><br /> My late husband has a will I’m the only beneficiary of the estate and he did not put he’s 2 boys on it and now his ex wife is contest the will behalf of them but during their divorce my late husband give her a million so that she can’t get something on he’s estate. What should i do about this?Jessel Oculam Pines Wolfhttps://www.blogger.com/profile/08403936111188901050noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-50994387650301270112020-04-26T21:01:53.527-07:002020-04-26T21:01:53.527-07:00Hi Valerie,
If you make a will that is valid in on...Hi Valerie,<br />If you make a will that is valid in one province of Canada, it is likely to be valid in all provinces (with the possible exception of Quebec) because the rules of execution are so similar.<br /><br />I suspect though that what you are really trying to do is get around the fact that BC has legislation that allows a child left out of a parent's will to challenge the will. I Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-33398896431237534322020-04-26T20:55:16.557-07:002020-04-26T20:55:16.557-07:00Of course. All of those things are possible. In fa...Of course. All of those things are possible. In fact, I do wills like that every day, as do other experienced wills lawyers. Sit down with someone local to you who has lots of experience with wills and talk through your ideas. Some lawyers are more comfortable doing only simple wills, so try to find someone whose main area of practice is wills and estates.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-23055964297180238882020-04-25T07:56:09.303-07:002020-04-25T07:56:09.303-07:00Setting Up A Will
would like to set up a will in c...Setting Up A Will<br />would like to set up a will in case something happens to both my wife and I. Unfortunately, options for us in terms of who will take care of the children is limited some concerns with our parents and siblings being involved. We are considering a cousin however.<br /><br />1. Can we designate two separate individuals to take care of our children in case the first one ends upAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-28183171776309930922020-01-20T08:12:23.173-08:002020-01-20T08:12:23.173-08:00I live in BC if I make a will in another provin...I live in BC if I make a will in another province that allows me to disinherit one of my children to keep her from getting any of my estate...would that will be valid ? Valeriehttps://www.blogger.com/profile/04066095015680885591noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-45159248176069860392019-12-14T05:48:38.039-08:002019-12-14T05:48:38.039-08:00It's not up to me to pass judgment on you. Nob...It's not up to me to pass judgment on you. Nobody else ever knows what someone else's relationship is really like.<br /><br />The question you're asking depends on whether the adult child is financially dependent on the parent. The short answer is that an adult child who is not financially dependent cannot claim under provincial law that he is a dependent. Certainly there is a Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-81792610992053801472019-12-10T15:48:55.931-08:002019-12-10T15:48:55.931-08:00Can a parent leave an adult child little or nothin...Can a parent leave an adult child little or nothing if the child has high functioning autism but has always worked, lived independently and paid bills and taxes? (Please no judgement - nobody knows how much I've done for him and how abusive he is to me)Anonymoushttps://www.blogger.com/profile/10790095581509396475noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-15805349199537947872019-11-14T04:51:17.992-08:002019-11-14T04:51:17.992-08:00First, a side note. Don't take legal advice fr...First, a side note. Don't take legal advice from bankers or anyone else who is not a lawyer. When the bank says that the will won't go to probate, it means that THEY don't require probate for their purposes. There could be plenty of other reasons for a will to go through probate, so please understand their information for what it is.<br /><br />On to your question about whether or notLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-69149112144051745552019-11-13T22:11:57.392-08:002019-11-13T22:11:57.392-08:00I was wondering I am executor and POA to my Aunt, ...I was wondering I am executor and POA to my Aunt, she has passed and left everything to me including a joint bank account, i am the only one mentioned in the will and it is my decision for everything as I see fit as stated in her will.<br /><br />Now she has a daughter who's older in there 50's enstranged.My Aunt has left a letter stating why she doesn't want to leave her anything. Anonymoushttps://www.blogger.com/profile/12251832422563487770noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35475022839713201602019-06-20T19:44:40.286-07:002019-06-20T19:44:40.286-07:00Hi Jason,
To answer your question bluntly, there i...Hi Jason,<br />To answer your question bluntly, there is probably no sense in contesting it, at least not based on what you've told me.<br /><br />It would be very comforting to know that there would be some money coming from your parents in the future to make up for some of the crap you've been through. But the law doesn't work that way. An inheritance doesn't really have Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.com