Question re Wills: If fellow siblings contest will does it not lock up…

[TheNiteHwk]

Question re Wills: If fellow siblings contest will does it not lock up…


The entire will would be locked up, no?

Here’s the situation… you all may help me in a debate I’m having.

Someone I know is claiming that both his parents passed on last year and of course he is in will. Cash (money in bank) and property left to him is value a little more then 50grand. His share.

Claims that since his sister and brother are contesting the will he cannot get his due. I’m thinking that if they (sis&bro) did that then whatever they have coming to them would be locked up as well.

There is a good reason why I’m interested in this case. Person telling me this says he will give me $1000. when he gets his share coming to him. You see over the past couple, 2or3 years I have given or loaned this person money (a 20 here a 20 there) to the tune of maybe more then a grand. Now he tells me this story and it’s been on-going for months now. Says he can’t get lawyer because all lawyers want a retainer that he does not have. He is on welfare. Legal aid won’t touch it he claims. Ie: legal aid won’t help him

Both his parents lived and passed on in Quebec so Quebec law applies.

What do you all think? Is he full of it or what?

 

[trisket]

Extract one of his kidneys and sell it on craigslist.

 

[zanner69]

Question re Wills: If fellow siblings contest will does it not lock up…

The entire will would be locked up, no?

Here’s the situation… you all may help me in a debate I’m having.

Someone I know is claiming that both his parents passed on last year and of course he is in will. Cash (money in bank) and property left to him is value a little more then 50grand. His share.

Claims that since his sister and brother are contesting the will he cannot get his due. I’m thinking that if they (sis&bro) did that then whatever they have coming to them would be locked up as well.

What do you all think? Is he full of it or what?

Did you ask him if his siblings commenced court proceedings to contest the will?
Incapacity, fraud, undue influence and duress are the most common grounds to contest a will.

If they are contesting the validity of the will, then the whole will is in issue and it will have to be determined by the court if it is valid.

Well it depends what the will says - if it says that the laws of the Province of Quebec govern then they will govern. However, I'd be careful, Quebec has civil law - different from the common law that we have here in Ontario. Differrent procedures.

 

[GabeOlah]

Ask for a copy of the death certificates, the will, and a copy of his siblings court application. If what he says is true, he will have a copy of the application and can get the other documents easily. MY guess, they don't exist.

 

[Bigbossfan]

Sorry...but I think your friend is full of shit....you've already shown us what type of person he is by borrowing and borrowing, but you make no mention if he paid you back. I got no problems with helping a buddy out from time to time...but not consistently.

If I were you, wouldn't touch it with a ten foot pole.

 

[marieclairemiss]

If he really has that money coming to him he would get a lawyer without any problems. Most lawyers would take the case and then take their fee at the backend.

After all lawyers love giving it to their clients in the backend.

 

[Gentle Ben]

A friend of mine's mother in law passed away, his wife was executor ,days before her mothers death she informed daughter that she had taken her son off the will because he didnt contibute anything , daughter insisted the brother needed to be on the will, it was changed before Moms death. her brother contested the new will, even tho he got more out of it then his sister did,cash was to be divided equally, he got the cottage, my Freind and his wife got the house which had lesser value (they were ok with that) The son figured he should get more for whatever silly reason, it was tied up for more than 4 yrs, he went thru 4 lawyers with a bill of (estimated) $20,000.,and his sisters lawyer bill was over $10,000. he filed a claim with the courts at an additional cost ,went to pre trial , then after all was said and done, he decided to accept the will . He lost money, My friend lost money, lawyers did fine with it.

 

[TheNiteHwk]

Did you ask him if his siblings commenced court proceedings to contest the will?
Incapacity, fraud, undue influence and duress are the most common grounds to contest a will.

You know I so strongly think this guy is full of shit, that every time he talks to me almost, I just block him out and don't even hear half of what he says. For example if I'm watching TV... I'll just concentrate on the TV and nod my head every 30 seconds "Yah, oh yah" I say. lmao. After five mins he goes away and I never even heard one farkin word he said. LMAO.

One thing I did hear him say is it's a family feud between him and sis and bro. You see he is according to them the black sheep of the family. They sis and bro grew up to become successful, houses, white picket fence, 2 kids and dog and all that you know. He became a heroin junkie and now lives in a $375./month room in a basement somewhere. They want nothing to do with him. And they for sure don't want him to get money. I don't think in spite of his former addiction to junk they can claim incapacity. He did go on methadone program and wean himself off. He is lazy.. I will say that. Cares not to get a job. Just sits around all day watching TV... goes to food banks or whatever... and at end of the month he is a three day millionaire then bums the rest of the month. Back when I had a better job (pay wise, working were I was before was never a good job... only the money was good that's it) Anyway... back when... I always had a couple hundred in my pocket or more so when he would ask for a sawbuck or a 20 spot... I would give it to him. See I use to know him way back before he became a junkie... he always had bucks and was a very generous guy. Now he is a whole different person.