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  1. #1
    Join Date
    Mar 2012

    Default Contesting What is Written in a Will (Canada)

    First of all: I see this is a United States forum, but I'm not sure of any other forums with a large, active community such as this. This question is general anyways so it may end up being the same for both Canada and the States.

    My question is whether it's possible to dispute something that was written in the will of a now deceased individual. In the will, it labelled items that I were to inherit, and said who would be the "executors" of the will (which happens to be my aunt and uncle). The will stated that at the age of 21 I would receive all that had been given to me, however I am a minor as of the moment (16, but turning 17 in May) and the legal age of majority in Canada is 18. My aunt said that for now what was given to me in the will (in terms of stocks) would be put into trust for me to be eligible for when I am older. What I am wondering though is whether it would be possible to dispute the will and claim my share earlier such as when I am 18 or even now (if I were able to prove/demonstrate that I am capable of managing what was given). If it's needed, what was given to me was about 1,100 shares in RBC, as well as I think part-ownership in the family farm company. The will and estate of the person was made in Ontario, Canada and I am currently in British Columbia, Canada.

    Condensed version:

    Person made a will and named me a beneficiary of a portion of his estate to receive at 21. The age of majority in Canada is 18, I am a minor at the age of 16 (to turn 17 in may). Is it possible to dispute the will in court and receive the inheritance prior to age 21?

  2. #2
    Join Date
    Apr 2009

    Default Re: Contesting What is Written in a Will (Canada)

    You are right. I don't think that you will find anybody here familiar with Canadian provincial law.

    Down here, I'd say that your chances would be somewhat worse than a snowball in ****. Courts are reluctant to mess with the provisions of a valid will unless those provisions are contrary to public policy or absurdly unreasonable. The difference between receiving an inheritance at 18 as opposed to 21 is neither.

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