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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 101005
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Has a beneficiary of a late Aunts will in Canada I have not

Resolved Question:

Has a beneficiary of a late Aunts will in Canada I have not any contact from a solicitor,or do I have any idea of the total amount the estate came ,and what was paid out.My cousin who is executor to the will sent me amount of money and that was all, I have not any contact from her since. Would she be able to give money to other members of the family without telling me.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
What province did your aunt live in? We you ever shown a copy of the portion of the will the deals with your request?
Customer: replied 1 year ago.
Ontario
No
Expert:  Legal Ease replied 1 year ago.
You know if your aunt had any assets in her name alone at the time of her death?
Customer: replied 1 year ago.
I have not seen one thing to do with the will the only contact was about four telephone calls from my cousin
Expert:  Legal Ease replied 1 year ago.
In Ontario it is not lawful for the executor to apply to probate the will without sending each beneficiary a copy of the notice of application to probate plus a copy of the portion of the will that applies to them. However, it could be the case that most of the assets were not in your aunt's name alone and so the Will did not have to be probated. In that case executor simply had to follow the terms of the will. You can ask executor for a copy of the will or ask why you never received a copy what you were entitled to see . If the Will has been probated then anyone can get a copy of the will because it will be available to the public in the court office as it is considered to be a matter of public record. So one way or the other you should try to get the answer from your cousin or from the courthouse and then you will know what more, if anything, you need to do. Does that help?
Customer: replied 1 year ago.
I wounder if my cousin had power of attorney?My aunts house was sold before her cremation.What difference would that make to the will.
Expert:  Legal Ease replied 1 year ago.
None because the Power of Attorney becomes void at her death so it doesn't matter who has POA. But if you are saying the house was sold before she died and that is why there is no need to probate the Will and you are suspecting that your cousin may have committed fraud then you need to retain your own lawyer to assist you as this is very serious of course.
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