Legal Question in Wills and Trusts in Canada

Re: When can I receive a copy of will?

The rules that apply to the questions you have asked arise from the place in which your mother lived on a permanent basis before she died. The answers I will give you relate to Alberta law and the answers may be different if your mother did not live in Alberta.

There is no specific rule on providing a copy of the will. Do you know for sure that your Mother left a will?

Ask your brother in writing for a copy of the will. If you do not receive it in a short period of time then if the estate is in Alberta you can file a Notice of Objection to Grant at the Surrogate Court in your mom's home town or judicial district. This will stop a grant from proceeding. However the property may not be subject to probate or a grant if your mother transfered it into joint tenancy before she died and if she designated beneficiaries of assets that can flow directly to a beneficiary eg insurance Riffs Rsp's etc. If you think there is reason for concern ( and it sounds as though you do) you should hire a competent estate lawyer ASAP.

Wills can be found invalid due to undue influence, mistake , technical errors in execution or incapacity. The same applies to property transfers during a person's lifetime. Time may be of the essense depending on the circumstances.