Legal Question in Wills and Trusts in Canada

Sibling living in parent's house

If there are two siblings and one is married living in their own home and the other lives with their parents, is the sibling who lives with the parents automatically entitled to receive the house when the parents die? Both siblings earn the same amount of money and the one who lives with the parents has given them a monthly cheque of varying amounts of money ($500 - 1000). She does not physically or mentally care for the parents. Currently, there is no will in place, and the parents fear making one due to superstitions. What can be done by the sibling outside of the home to protect her rights?


Asked on 4/07/02, 11:34 am

1 Answer from Attorneys
Steven Matheson Edwards & Carfagnini

Re: Sibling living in parent's house

The child who lives in the home with the parents is not automatically entitled to the home upon both parents' death. If your parents choose not to draft a will, either you or your sibling will have to apply to the court to be appointed an estate trustee and will then distribute the property in accordance with the Succession Law Reform Act (in Ontario). This essentially means the property will be split evenly among surviving children of the deceased. Neither child has any 'right' to the property and only has a claim upon death of both parents.

Read more
Answered on 4/08/02, 8:13 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Canada