Legal Question in Wills and Trusts in Canada

Conven on the law Applicable to Succession to the Estates of Deceased Persons.
My son and daughter in law went to Candada, Ottawa on Permanent resident visas. They were still holding Indian Pass Ports. Stay of my son was for about two and half years and that of daughterinlaw for about nine months. They both were working there. They had purchased a house in December, 2003. In January, 2004, they both died in a car accident According to my study, Article 3(1) of Convention will not apply to them as they were still national of India. Article 3(2) will not apply to them as they did not stay there for five years. Article 3(3) apply to them as they were national of India and they were more closely connected with India as all their parents, relations and properties were in India. Under these circumstances, please let me know if my opinion is correct or not that Indian law will apply to their estate in Canada which include house and bank balances in Ottawa. My son made a Will in India after marriage stating that all property go to his wife and after her death to me and my wife. Will that be covered under the Article 5 as designation of law of Indian State to given the succession to the whole of his estate. He was national of India at the time of making the WILL.

Asked on 8/14/06, 2:40 am

BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

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Re: Conven on the law Applicable to Succession to the Estates of Deceased Persons.

He was Indian national all the times and therefore you become the legal heir of his estates any where in the world.

Answered on 8/14/06, 9:28 pm

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