Legal Question in Wills and Trusts in Canada
Estate Entitlements
My aunt passed away in Decemeber 98. I found out today that she bequeathed $10,000 to my mother who passed away in April of 98. The will was created prior to my mother's passing and my aunt was aware of my mothers death.
I called the executor today after learning of what the will had said re my mother. The executor said because my mother died before my aunt, there was no action taken to provide the $10,000 to my mother's estate.
What does the law say about the issue of the estate entitlements?
1 Answer from Attorneys
Re: Estate Entitlements
Normally when a devisee predeceases no benefit is distributed and the gift becomes part of the residual estate. However, some wills provide for the gift to be made to the estate of a deceased devisee or to their issue. You need to look closely at the language and intent of the Will.
Henry J. Legere, Jr.
Sheikh & Associates, P.C.
35 Crocker Blvd.
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