Legal Question in Wills and Trusts in Canada

What is the Law regarding the Viewing of a Will once the person is deceased in B

My Father has recently passed away but was residing in BC Canada with his wife and family whilst I remained in the Unitied Kingdom with my family. My Fathers Wife will not inform me what my Fathers last will and Testament was and I would like to know if I can request a copy of it and from whom?as Im not familiar with Canadian Law regarding Wills.


Asked on 2/13/04, 5:55 am

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: What is the Law regarding the Viewing of a Will once the person is deceased

You may request a copy of the will because in British Columbia you have a right under their dependant's relief legislation to seek a share or a greater share of the estate, even as an adult. One case that is relevant is the Supreme Court of Canada case Re Tataryn. However, notwithstanding your potential rights to share the estate you could have a very difficult time getting the will. You had best retain the services of a lawyer in B.C. to look after your interests in the jurisdiction in which your father died--and someone who does will disputes on a regular basis.Good Luck!

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Answered on 2/13/04, 9:50 am


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