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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96439
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Dear Sir/Madam, My father who was a Canadian resident died

Customer Question

Dear Sir/Madam,

My father who was a Canadian resident died In Canada approx 5 years ago.

I am one of 5 children from his first marriage (all living in the UK). He since remarried and as far as I am aware had a further 3 children (all living in Canada), who would be my half brothers. When my father died nothing was mentioned by them about what he had left in his will (if anything) or whether he had even left a will.

As his son, do I and my siblings in the UK have any rights to see his will and/or find out the details of his estate - and if so how would I go about that?

Many thanks
Mike
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.
Thank you for your question.

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What province did he live in?

Do you know if there were assets in his name alone at the time of his death?
Customer: replied 3 years ago.

I believe that he resided in Ontario.


 


At one time he lived in Scarborough, Ontario, but I am not sure how recently this was.


I understand that he may have had assets (including proprty) but am not sure whose name they were in. They may possibly have been in his name or his wife's name, or joint names.


 


Thanks


Mike

Expert:  Legal Ease replied 3 years ago.
You don't have a special right to see his Will because you are his child. That's not the law in Ontario though it is in some provinces.

And 5 years later (unless you just found out about his death) it's too late to do anything about this legally anyway.

But if the Will was probated then it is a matter of public record and anyone can get a copy.

If there were any assets in his name alone the Will had to be probated.

If that is the case you could get a copy of the Will and a copy of all documents in the courtfile just by paying a fee.

I suggest your next step be to call the courthouse, indicate you are overseas, have learned of your father's death, give them his name and date and ask how you can get copies of all documents given you cannot attend the courthouse.

Here is the contact information:

Toronto Courthouse
330 University Ave.
Toronto ON M5G 1R7


Estates 416-326-2940

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Thank you very much for your help so far. I have written to the courthouse. If I do not get a response, do you have any other suggestions?

Expert:  Legal Ease replied 3 years ago.
I think you will need to retain a lawyer or paralegal to go to the courthouse for you.

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