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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My sons father recently died in Canada. He had a mirror Will

Resolved Question:

My sons father recently died in Canada. He had a mirror Will that left all his assets to his wife in the case of him dying first and was then on her death to be split between all their surviving children. His wife changed her will just before he died to leave everything to her children only, before my sons father died but was terminally ill. Does his children have any right of inheritence under Canadien BC law?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Do you know if they had a mutual Wills agreement?
Customer: replied 1 year ago.

No I don't know this, how could I find out?

Expert:  Legal Ease replied 1 year ago.
You would have to ask or get a lawyer to ask.

If they did not then she could do what she wanted with the Will.

But your son may have a right to some of his father's estate regardless of the Will.

The reason why is in BC a Court can essentially vary a Will if it is not fair to a spouse or child.

This is done pursuant to the Wills Variation Act.

And when the father's Will is probated (assuming there are assets in his name alone) your son must be given a copy of the Will and also a notice about the Act and what he can do.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96972
Experience: I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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