If a person is of sound mind and not coerced, their will should stand.
It is yet another intrusion into private lives.
I can’t think of words to express how much this pisses-me-off.
Does the legitimate heir have any recourse?
Death law varies by nation and in Canada by province, so that would depend on where he died and were the two daughters live. It gets very odd – see my above comment on my experience with death laws.
So the fact dad bankrolled his daughter until she qualified as a lawyer counts for nothing when the scales are balanced? Not in my book.
Just another imported problem
Ex-Jamacian/Ex-British/ Now Canadian citizen/immigrants are noted for their loyality
Score one more for immigrantion Canada.
As for the will, wills are meaningless, and are overturned quicker and oftener than waffles in the international house of pancakes.
Hopefully a/some Lawyers will see this piece and respond with FACTS.
It’s my understanding, in B.C. anyway, that it’s difficult if not impossible to disinherit your children. I remember something about that from a an Estate Planning course.
Yes in some provinces it is illegal (BC comes to mind) to not split your estate equally between your legal heirs.
I know because of an incident with a friend of mine who died and his will had written his father out of it and everything went to his mother. His father (a 30 year old college prof) had disappeared with one of his students (19 years old) when this friend was only 3 months old and so he never knew his dad. His dad had never in his life called, written or paid a cent of the child support he had been assigned to pay in the divorce. There was a vehicular accident and because he died a few miles into BC (even though he lived in Alberta) the courts ruled that under BC death laws that his father was eligible for half of his estate.
It gets odder because at the time this friend was common law with his girlfriend under BC law – it’s 3 month cohabitation but in Alberta it’s six months to be classed as common law. So under BC law but not Alberta law they were common law and that would make her eligible to a share of his estate but she was killed in the same accident. Due to a loop hole in BC law her family tried to claim his estate. The logic was that as they were common law on his death everything would go to her over the mother because BC law says everything goes to the spouse and any children and under BC law they were common law which counts as a spouse. But for that to work they used the death certificates which showed her dying after him. So they claimed on his death she got everything and on her death her parents got everything she had which included the assets their daughter had inherited less than a minute before.
In the end the girlfriends family got nothing as the coroner signed a letter stating the time of death was not actual time of death but the time the time they had been pronounced dead and that the force of the crash was great enough neither would have lived more than a second past the other.
The judge did rule the friends dad had to be given half of the estate under BC death laws, but then also ruled that all the back 18 years of child support he had never paid to the mom would be seized from that half of the estate and paid to her. So in the end the mom got the whole estate which was an apartment full of stuff and a 40k life insurance policy.
Good grief that’s almost to hard to follow. Thank Christ I won’t be around when my will is adjudicated.
I have heard that is why some people are moving all of their assets and holdings into a trust corporation so that the corp can distribute the assets on the principals death rather than having it go through a death court ruling.
That’s being openly advised for BC residents having any assets.
Thanks for that, Exile!
My new resolution is to spend it all leaving nothing.
(Just kidding; my Wife and Kid deserve to inherit for having put up with me…)