Legal Question in Wills and Trusts in Canada
IF my mother had investments in both her and her husbands name are the beneficiaries entitled to half of those funds as the will states that she bequeaths all that she has and 'is entitled to receive' to her beneficiaries... They also had a house in her and her husbands names. I assume he gets the house in this case too??? Thanks
1 Answer from Attorneys
As noted on the LawGuru website questions directed to this lawfirm must be answered with reference to British Columbia law. The law varies from Province to Province and may not be the same in other Provinces or Territories.
The house: It depends if it was registered in Joint Tenancy or as Tenants in Common. If the former, then the husband gets it all, as there is nothing for her heirs to inherit - at the monmet she died, because of the jointure, her name "evaporated" off title leaving him as sole owner. It may be different if the house was owned as Tenants in Common.
Other assets: You have not provided enough information to make any guess. Please see a lawyer, as the area is too complex for a summary advice site such as LawGuru.
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