Legal Question in Wills and Trusts in Canada
Last Will v/s Joint ownership in home
I understand that with joint ownership the home automatically passes to the 2nd party when the 1st party becomes deceased.
The situation is that there are 3 daughters, one of whom lived with the last surviving parent. Upon death (Apr.10/01)the 2 oldest girls,according to the will were to receive 30 % of the estate,then discovered mother had put the home (the only asset) in joint ownership with the youngest daughter.
Can we fight this? what are our chances?the youngest daughter is on a disability pension(not physically disabled)& cannot obtain a mtge. there was an existing mtge in mothers name, that will cease and have to be dealt with.There are not enough funds to pay the funeral unless the 3 girls pay, as insufficient insurance coverage. A grand-daughter was to receive the other 10%. There are no funds to distribute, or pay bills as the only property is in the hands of 1 daughter that cannot financially maintain the house. Can you please help with some advice?
Thanking you in advance.
1 Answer from Attorneys
Re: Last Will v/s Joint ownership in home
If the home is jointly owned by your sister then it will pass outside the will as it will no longer be an estate asset for purposes of distribution or probate. If you feel your sister has used undue influence or has coerced your mother into transfering the property in their joint names as an attempt to bolster her position vis-a-vis the other beneficiaries, then you may wish to bring an action to that effect. In order to be successful, you would have to have adequate proof of the coercion or undue influence.
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