Legal Question in Wills and Trusts in Canada
My wife and I live in British Columbia, Canada. I want my wife to be the sole beneficiary of my estate. Can my 32-year-old non-dependent son from my first marriage (who lives in Ontario, Canada) make a legal claim against my estate? Can my son make a subsequent claim against my wife's estate upon her death?
1 Answer from Attorneys
Yes he can. As part of the probate application process, your executor will be required to send your son a notice advising that your executor is applying for probate with a copy of the will. Your son may make a claim, but whether or not he will be successful is a complex question that is beyond the scope of LawGuru. In British Columbia, it is generally adviseable to include in your will the reasons for why you are not giving anything to your son - this may or may not be required in other Provinces, but in BC it is. Your son is most likely not able to claim against your second wife's estate, but this would depend on a number of factors one of which is whether or not he was adopted by her or if she helped to raise him), which again are beyond the scope of LawGuru. Please consult a lawyer who is experienced in wills & estates.
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