Legal Question in Wills and Trusts in Canada
estates
approx 50 yrs ago our grandfather died. my father is 90 yrs old currently and is still upset about the happenings around his father's death. our grandmother predeceased our grandfather, the grandfather married the maid who had 2 children. the grandfather mysteriously died in the home. now our father says that he had seen his dad's will prior to the death which divided up his property between his children. this will disappeared at his death and everything was left in the hands of the maid he married. then when she died, she left everything to her 2 children and the other 7 children of our grandfather's were excluded completely. is it possible to still contest this after all these years? the land is still in the possession of the last surviving daughter of the maid. she has no children so the property will go to strangers i suppose when she dies.
we would like to see a closure for our father who is still angry about this and would like to contest it.
thank you,
the property in question is in saskatchewan, canada
2 Answers from Attorneys
Re: estates
If the grandfather's will was made before the marriage to his second wife then the will was revoked by the marriage. You should search the Land Titles office ( historical search) and see how the land came to be registered in the current owner. There will have been a transmission registered which will show the grant of representation that authorised the transfer from Grandpa to 2nd wife etc.
However, there is the issue of limitations and the issue of laches ( unreasonable dealay), and last but not least the fact that seeing a will at a point in time does not mean it wasn't changed later, and then of course you have no evidence of the will at all.
I wouldn't get any hopes up about this. Concerns should have been raised and dealt with at the time.
Re: estates
If the grandfather's will was made before the marriage to his second wife then the will was revoked by the marriage. You should search the Land Titles office ( historical search) and see how the land came to be registered in the current owner. There will have been a transmission registered which will show the grant of representation that authorised the transfer from Grandpa to 2nd wife etc.
However, there is the issue of limitations and the issue of laches ( unreasonable dealay), and last but not least the fact that seeing a will at a point in time does not mean it wasn't changed later, and then of course you have no evidence of the will at all.
I wouldn't get any hopes up about this. Concerns should have been raised and dealt with at the time.
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