Legal Question in Administrative Law in Canada

Can a lawyer change the benficiaries in the decedent's Last Will & Testament?

My Grandfather's will was varied in 1993. All that was suppose to be changes was 50% of the Estate, and that was between my Grandfathers son and daughter. The lawyer who revised the draft changes, changed the part where it did state that if any of us beneficiaries died our share went back into the Estate TO if any of us beneficaries died our share goes to our children. None of us where aware of this until both of my brother's died in 1994, and after receiving money from the Estate, the Public Trustee's lawyer is now suing my share stating that my brothers where not beneficiaries until my Grandma died ( she had a life interst)therefore, they should not have received that money. They want that money paid back. Why should my share be taken from.


Asked on 2/06/02, 1:10 pm

1 Answer from Attorneys
Steven Matheson Edwards & Carfagnini

Re: Can a lawyer change the benficiaries in the decedent's Last Will & Testament

A lawyer can only change the beneficiaries of the estate with the instructions of the client. If your grandfather asked him/her to change the will in the way you suggested, then it is proper. The lawyer who drafted the will should have some documentation that would indicate your grandfather's change in instructions. If the public trustee's office made a mistake, they are within their rights to try to correct it by having the money returned.

Read more
Answered on 2/06/02, 1:54 pm


Related Questions & Answers

More Administrative Law questions and answers in Canada