A reminder why reviewing your will is a good idea.

[Aardvark154]

Grandmother made a will in 1977, she apparently never reviewed it before she died in 2016. The law changed in 1978 but because a new will was never made after the law changed her grandson is not allowed to inherit as he was born outside marriage. His uncle takes the entire estate.


https://www.thestar.com/news/gta/20...-because-his-dad-was-born-out-of-wedlock.html

http://www.nationalpost.com/m/wp/ne...-will-was-written-in-1977-ontario-court-rules

 

[Worf]

This is basically the grandmother's fault (notwithstanding the fact that she died). She had a 40 year old will. Anybody who made a will 40 years ago should get a new one ASAP. People die, families separate, people remarry, children are born, grandchildren are born, estates change, laws change, etc, etc. The grandson didn't get anything, but he should have known that. His lawyer should have told him. The article didn't state how much the estate was worth, which would have been interesting to know.

 

[The "Bone" Ranger]

I didn't read the article but maybe the grandma didn't want inheritance going to children born outside marriage - this is built into a lot of wills

Grandmother made a will in 1977, she apparently never reviewed it before she died in 2016. The law changed in 1978 but because a new will was never made after the law changed her grandson is not allowed to inherit as he was born outside marriage. His uncle takes the entire estate.


https://www.thestar.com/news/gta/20...-because-his-dad-was-born-out-of-wedlock.html

http://www.nationalpost.com/m/wp/ne...-will-was-written-in-1977-ontario-court-rules

 

[Ceiling Cat]

A word of caution at a time of an unfortunate event.

When a person passes away from illness in the hospital the family is offered a autopsy on the family member. I know a guy that was offered this when his father had a massive heart attack and died. In his distraught state he said yes to the autopsy. Every major organ is examined. The head is opened and skull cut off at the top, the brain removed and examined. In this case the facial features were horribly disfigured and the skin around the skull was sewn back badly. The family was horrified.

Do not ask for an autopsy unless absolutely necessary.

 

[Aardvark154]

I didn't read the article but maybe the grandma didn't want inheritance going to children born outside marriage - this is built into a lot of wills

That doesn't seem to have been the case.

The problem was that the legal language used in 1977 did not apply to an heir born outside of marriage it did after 1978. However, two things happened, she never had her will redrawn after 1978 (which would have made this a non-issue) and the father of this grandchild predeceased his mother (which likewise would have made this a non-issue since he would have been a co-heir with his brother [the grandson's uncle who is now the sole heir]).

As said the lesson here is have your will reviewed and if the law or circumstances have changed have your will redrawn.

 

[Aardvark154]

A word of caution at a time of an unfortunate event.

When a person passes away from illness in the hospital the family is offered a autopsy on the family member. I know a guy that was offered this when his father had a massive heart attack and died. In his distraught state he said yes to the autopsy. Every major organ is examined. The head is opened and skull cut off at the top, the brain removed and examined. In this case the facial features were horribly disfigured and the skin around the skull was sewn back badly. The family was horrified.

Do not ask for an autopsy unless absolutely necessary.

Or

If you do feel that an autopsy is called for do not have an open casket, have a closed casket. Personally I'd always advise closed casket.

 

[The "Bone" Ranger]

for sure a will should be reviewed as your circumstances change - I have done that myself

That doesn't seem to have been the case.

The problem was that the legal language used in 1977 did not apply to an heir born outside of marriage it did after 1978. However, two things happened, she never had her will redrawn after 1978 (which would have made this a non-issue) and the father of this grandchild predeceased his mother (which likewise would have made this a non-issue since he would have been a co-heir with his brother [the grandson's uncle who is now the sole heir]).

As said the lesson here is have your will reviewed and if the law or circumstances have changed have your will redrawn.